Flow RV Terms of Service
- Scope of Services
1.1 Flow RV is an internet-based, community bulletin board enabling third party owners of recreational vehicles (“Owners”) to publish the availability of class A, class B, or class C recreational vehicles, camper vans, diesel pushers, toy haulers, folding trailers, motor coaches, tow vehicles, and utility trailers (“RV”) for rental or purchase on the Flow RV website, mobile application, or related services (each, an “Application”; collectively, “Flow RV Applications”) to third parties who wish to rent or purchase an RV (“Renters”) and for Owners to trade RVs with other Owners and for Owners and Renters (“Users”) to communicate and transact directly regarding the terms, period, and price of a rental, purchase, or trade.
1.2 As the providers of those services in paragraph 1.1, Flow RV does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. RV Owners are exclusively responsible for their Listings. When RV Owners and RV Renters negotiate or accept a Listing, they are entering in a contract directly with each other. Flow RV is not and does not become a party to or participant in any relationship, contractual or otherwise, between Owners and Renters. Flow RV does not act as an agent in any capacity for either Owners or Renters.
1.3 Flow RV may, at Flow RV’s own discretion, facilitate the resolution of disputes between Owners and Renters. Any facilitation Flow RV engages in does not create liability of any kind for Flow RV. Flow RV does not control, has no control over, and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listing, (ii) the truth or accuracy of any Listing description, Rating, or Review, or (iii) the performance or conduct of any Owner, Renter, or third party. It is your sole responsibility to determine the identity and suitability of others who you contact via the Flow RV platform. You should always exercise caution, due diligence, and care when deciding whether to communicate or rent a Listing on the Flow RV platform.
1.4 Flow RV may contain links to third-party websites or resources. Such may be subject to different terms and conditions, and/or privacy practices. Flow RV is not responsible or liable for the availability or accuracy of such, or the content, products, or services available from such.
- Eligibility & Verification
2.1 As an Owner using Flow RV Applications, you represent and warrant that you meet the eligibility requirements of an Owner as stated in paragraph 2.1.1 through 2.1.4.
2.1.1 You are at least 21 years of age.
2.1.2 You have the legal capacity, authority, and right to enter into binding contracts.
2.1.3 You own, or have legal title to, any and all RV posted on Flow RV Applications.
2.1.4 You will not attempt to defraud Flow RV in connection with your provision of RV rentals. If Flow RV suspects that you have engaged in fraudulent activity Flow RV may withhold payments.
2.2 As a Renter using Flow RV Applications, you represent and warrant that you meet the eligibility requirements of a Renter as stated in paragraph 2.2.1 through 2.2.3.
2.2.1 You are at least 25 years of age.
2.2.2 You have the legal capacity, authority, and right to enter into binding contracts.
2.2.3 You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle.
2.2.4 You will not attempt to defraud Flow RV in connection with your procurement of RV rentals.
2.3 Renter is solely responsible for determining state and territory licensing requirements for operating an RV. Flow RV is not liable for the unlicensed operation of an RV and by using Flow RV applications, the Renter represents and warrants that they are solely responsible for determining if they meet the minimum licensing requirements in any and all jurisdictions.
2.4 Flow RV may make the access to and use of Flow RV Applications subject to certain conditions or requirements, such as completing a verification process, meeting quality or eligibility criteria, meeting Ratings or Reviews thresholds, or cancellation history.
2.5 Flow RV does not assume any responsibility for the confirmation or verification of a User’s identity.
2.6 Notwithstanding paragraph 2.5, Flow RV may, but has no obligation to, (i) request users provide a form of government identification or other information or undertake additional checks designed to verify the identities of Users, and (ii) utilize third party databases or other sources and request reports from service providers to screen Users or potential Users. Such non-obligatory verifications will be done in accordance with applicable state and federal law.
3. Modification of Terms
Flow RV reserves the right to modify these Terms and any other legal policies at any time at the sole discretion of Flow RV. If changes are made to these Terms, Flow RV will post the revised Terms on Flow RV Applications and update the “Effective Date” date at the top of these Terms. The User acknowledges that the posting of revised terms and update of the “Effective Date” constitutes fair and reasonable notice, and acceptance of the revised Terms.
4. Account Registration
4.1 To use most aspects of Flow RV Applications, you must register for and maintain a personal User account (“Account”). An Owner must have an account to post RVs for rent on Flow RV Applications. A Renter must have an account to rent RVs from Flow RV Applications.
4.2 A User may register an Account using an email address and creating a password, or through an existing account with certain third-party social networking services, such as Facebook or Google. The User may disable the connection between an Account and a social networking account at any time.
4.3 A User may not have more than one (1) Account unless authorized by Flow RV. You may not assign or transfer your Account without notification to and permission from Flow RV. An Owner may post multiple RVs under one Account.
4.4 If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all provisions and licenses contained within these Terms.
5.1 Users are enabled by Flow RV Applications to create, upload, post, send receive and store content in text, photo, audio, video, and other mediums (“User Content”) on Flow RV platforms. Flow RV may access, view, add, or block User Content without notice or permission from User. Flow RV may remove or limit User Content at any time without notice or permission from User.
5.2 Flow RV Applications, User Content, and any other content on Flow RV applications may be entirely or in part protected by copyright and/or trademark. You acknowledge and agree that all content on Flow RV Applications and User Content are the exclusive property of Flow RV or authorized third-parties. You agree that you will not remove, alter, obscure, or otherwise tamper with any copyright, trademark, service mark, or other proprietary rights notices of Flow RV used on or in connection with Flow RV Applications or content.
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 Flow RV Applications or 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 Flow RV or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to these Terms, Flow RV grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use Flow RV Applications on your personal or commercial device(s); and (ii) access and view any User Content or Flow RV Content made available on or through Flow RV Applications and accessible to you.
5.5 You agree that you grant Flow RV a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to User Content that you create, upload, post, send, receive, store, or otherwise make available on Flow RV Applications. Flow RV may access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, or otherwise utilize User Content in any manner and at the sole discretion of Flow RV to promote Flow RV Applications in any media or platform. Flow RV does not claim any ownership right in User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or otherwise exploit User Content that you create, upload, post, send, receive, store, or otherwise make available on Flow RV Applications.
5.6 You are solely responsible for all User Content that you make available on or through Flow RV Applications. You represent and warrant that you either are the sole and exclusive owner of all User Content that you make available on or through Flow RV Applications or you have all rights, licenses, consents, and releases that are necessary to grant Flow RV the rights in and to such User Content, as contemplated under these Terms.
5.7 You agree that you will not post, upload, publish, submit, transmit, or otherwise cause to be available on or through Flow RV Applications any User Content described in paragraphs 5.7.1 through 5.7.6.
5.7.1 Fraudulent, false, misleading, or deceptive User Content;
5.7.2 Defamatory, libelous, obscene, pornographic, vulgar, or offensive User Content;
5.7.3 User Content promoting discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group;
5.7.4 Violent or threatening User Content;
5.7.5 User Content promoting illegal or harmful activities or substances; or
5.7.6 User Content that violates these terms.
5.8 Flow RV may, without notice to you, remove or disable access to any User Content or Account that Flow RV finds to be in violation of these Terms, especially but not limited to those Terms described in paragraph 5.7 of these Terms, or otherwise may be harmful or objectionable to Flow RV, it Users, third parties, or properties.
6. Fees & Deposits
6.1 All fees and deposits will be paid by User with credit card, ACH, PayPal, or other approved electronic payment directly to Flow RV. Payment of fees and deposits is collected at the end of the rental period unless otherwise agreed upon by Flow RV and User. Flow RV reserves the right to increase fees at the end of each term without notice to User. In the event of non-payment or late payment of a fee or deposit, Flow RV reserves the right to suspend services until the full amount of fees are paid in full. Late payments may be subject to a late fee penalty at the maximum legal rate.
6.2 Flow RV will collect and hold a security deposit 48 hours before the commencement of the rental period and hold the security deposit in escrow for the entirety of the rental period. Flow RV does not set, determine, or influence in any way the monetary value of the security deposit. Users are expected to negotiate the terms of the rental deposit based on the value of the RV, and the duration, locale, nature, and mileage of the trip. Owners may request payment from the security deposit within 72 hours after the end of the rental period. Requests must be made in writing to Flow RV, state the reason for the request, and indicate whether the Renter disputes the request. Flow RV will review the request and may undertake additional investigation of any kind that does not otherwise violate state or federal privacy laws if Flow RV, in its sole discretion, deems additional investigation to be necessary. Flow RV will disburse funds according to the results of their review and any investigation that Flow RV may undertake.
6.3 Flow RV may charge an additional 10% administrative fee to any charges covering out of pocket expenses for the Owner including fuel, moving violation tickets, parking tickets, any other ticketing associated with the use of the RV, damage to the RV, or damage caused by the RV that are caused, sustained, or committed by the Renter when in possession of the RV.
6.4 A Renter who returns an RV to the appropriate Owner after the termination of the agreed rental period will incur a fee of 10% of the prorated hourly rental rate (“Late Fee”). If a Renter fails to return the RV within eight (8) hours of the agreed return time, the Renter will be charged the full daily rental rate of the RV instead of the Late Fee. The Renter will then pay an additional daily rental fee for every additional eight (8) hour delay. No Late Fee of any kind will be assessed if the RV is returned to Owner within one (1) hour of the agreed upon return time.
6.5 By their nature, RVs get dirty while in transit. An RV returned to the Owner with a reasonable and expected amount of dirt for the activity agreed upon by the Owner and Renter is acceptable and will not result in any additional charges. If an RV is returned to the Owner with excessive dirt, soot, trash, food, wine stains, or other unsightly markings or damage, the Owner may require the renter be charged an additional cleaning fee. An Owner is expected to make their expectations for the cleanliness of the RV known to the Renter prior to the Renter taking possession of the RV if the Owner’s expectations of cleanliness are greater than those agreed to in the Terms.
6.6 Renters and Owners are expected to agree to fuel options and miscellaneous charges prior to the beginning of the rental period. Subject to any agreement made between the Renter and Owner, an RV’s gas tank and propane tanks should be full when it is received by the Renter.
6.7 Renters who abandon an RV will incur a maximum $1000.00 fee in addition to any costs for labor and parts of repair, and costs associated with returning the RV to the Owner. In the case of any damage to the RV, including fiberglass, cushions, cabinetry, and electronics Renter is responsible for the actual cost of parts and hourly labor costs required to repair the damage caused by Renter or Renter’s activities. The total amount of repairs will be charged to Renter.
6.8 Any lost or damaged items will be valued at Outdoors World, Good Sams or Amazon’s Internet retail pricing for comparable item(s).
6.9 Flow RV may, in its sole discretion, create referral and/or promotional codes that may be redeemed for discounts on Flow RV Applications. You agree that such promotions must be used for the intended purpose, be used in a lawful manner, not be duplicated, not be sold, are not valid for a cash reimbursement from Flow RV or any other party, and may expire prior to use. Failure to properly use codes in compliance with these Terms may result in the disabling of codes without liability to Flow RV.
7.1 An Owner is permitted to list RV(s) for rental on Flow RV Applications in compliance with these Terms. Any listing must provide complete and accurate information about the RV to be rented, disclose any deficiencies, restrictions, and special requirements that apply to the listing, and provide any other pertinent information that Flow RV may require. Owner is solely responsible for keeping listing(s) up to date and accurate at all times.
7.2 Any terms and conditions Owner chooses to apply to an RV listing must not conflict with these Terms. Terms and conditions applied by Owner are over and above those within these Terms and the Owner and Renter may not agree to alternative terms and conditions unless otherwise indicated in these Terms.
7.3 Pictures, animations, audio, and video used in listings by Owners must accurately reflect the quality and condition of the RV.
7.4 When you accept or have pre-approved a booking request by a Renter, you are entering into a legally binding agreement with the Renter and are required to provide the agreed upon RV at the agreed time and location as described and discussed between you and the Renter. You also agree to pay any applicable fees or taxes.
7.5 You represent and warrant that by listing any RV on Flow RV Applications you will not be in breach of any agreements you have entered into with any third party. You are responsible for their own acts and omissions in regard to agreements with third parties and you agree that Flow RV has no liability for any breach of any agreement you have entered into with a third party.
7.8 Owner shall not coerce, intimidate, threaten, or otherwise entice a Renter to enter into a Rental Agreement. Attempts to create a Rental Agreement in this manner will result in the termination of any Rental Agreement and the removal of Owner from Flow RV Applications.
7.9 An Owner’s relationship with Flow RV is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of Flow RV for any reason. An Owner acts exclusively on their own behalf and benefit, and not on behalf of or for the benefit of Flow RV.
7.10 You agree that you will not interfere with Renter’s possession of the RV for the duration of the Rental Agreement.
8.1 Subject to meeting any requirements set by Flow RV in these Terms, you may negotiate for the booking of an RV on Flow RV Applications. Negotiation will occur through quote requests or personal messages that you communicate with the Owner through Flow RV Applications. The negotiation and any final agreement that you reach with an RV Owner are subject to the fees, deposits, and other costs discussed in these Terms. Flow RV does not guarantee or warrant that negotiation with an Owner will result in a Rental Agreement.
8.2 Upon receipt of a booking confirmation from Flow RV, a legally binding agreement is formed between you and RV Owner (“Rental Agreement”). Rental Agreement is subject to these Terms and any additional terms and conditions agreed upon between you and Owner. No Rental Agreement shall dismiss your obligations under these Terms and an Owner may not require you to forfeit your rights under these Terms.
8.3 If you enter into a Rental Agreement on behalf of additional guests, you are required to ensure that Owner is aware of the number of additional guests and that Owner agrees to allow additional guests to utilize the RV. You are solely responsible under these Terms for any damage caused by additional guests to the RV for the duration of the Rental Agreement.
8.4 Additional guests intending to operate the RV must independently meet the eligibility requirements in these Terms and you must inform Owner and obtain Owner’s consent for any additional guest who intends to operate the RV. You are solely responsible for any damage caused to the RV by an additional guest unless otherwise negotiated between you and Owner. You may not bring any additional guests onto the RV at any time without the permission of the Owner.
8.5 You agree to return the RV to Owner at the time and place specified in the Rental Agreement. Failure to do so may result in fees and penalties in accordance with these Terms.
9. Modification, Cancellation, and Refunds
9.1 Owner and Renter are responsible for negotiating the cancellation policy prior to the formation of a Rental Agreement. Flow RV offers several different cancellation policies the Owner and Renter may agree to. Owner and Renter may not agree to any cancellation policy other than those described in paragraphs 9.1.1 through 9.1.6.
9.1.1 Forgiving: Renter may receive full refund of money collected up to 7 days before rental, 50% refund of money collected within 7 days of rental.
9.1.2 Flexible: Renter may receive full refund of money collected up to 30 days before rental, 50% refund of money collected within 30 days of rental.
9.1.3 Standard: Renter may receive full refund of money collected up to 30 days before rental, 50% refund of money collected within 30 – 14 days of rental, no refund within 14 days of rental.
9.1.4 Strict: Renter may receive full refund of money collected up to 30 days before rental, no refund within 30 days of rental.
9.1.5 Very Strict: Renter may receive 50% refund of money collected up to 30 days before rental, no refund within 30 days of rental.
9.1.6 Most Strict: Renter may not receive a refund of any money collected.
9.2 Renter may cancel their booking only in accord with the cancellation policy agreed to in the Rental Agreement. Any Renter who wishes to cancel their booking must email info@FlowRV.com with their booking number and cancellation request. The cancellation request will be processed according to the Rental Agreement and these Terms.
9.3 Cancellations under paragraphs 9.1.1 through 9.1.5 are subject to processing fees of $90.00.
9.4 No cancellation fees will be assessed against the Renter, regardless of the terms of the Rental Agreement if a reservation is cancelled in line with these Terms less than 24 hours after the reservation is confirmed.
9.5 In the event of a natural disaster, including flood, earthquake, forest fire, tornado, hurricane, tsunami, or other unpredictable natural occurrence Owner or Renter may terminate the Rental Agreement. Renter may obtain a complete refund, regardless of the terms of the Rental Agreement, if a natural disaster causes the purposes of the RV rental to be moot. Owner may cancel the rental, regardless of the terms of the Rental Agreement, if a natural disaster makes it impossible or unduly burdensome for the Owner to deliver the RV at the time and location specified in the Rental Agreement.
9.6 Owner agrees that Flow RV may permit Renter to cancel the booking and refund to the Renter that portion of the RV Fees specified in the cancellation policy and Rental Agreement. In accepting appointment as the limited authorized agent of the Owner, Flow RV assumes no liability for any acts or omissions of the Owner. Owner understands and recognizes Company as the payment agent and that Company controls the dispersal of all funds in accordance with these Terms, the cancellation policy, and Rental Agreement chosen by Owner and Renter.
9.8 If Owner cancels a confirmed booking, Renter will receive a full refund of all costs, fees, and deposits regardless of the terms of the Rental Agreement. Flow RV reserves the right to (i) post an automated review of the Owner indicating that the Owner has cancelled confirmed bookings, (ii) prevent the Owner from renting their RV on the dates of the original Rental Agreement that is being cancelled, and/or (iii) impose a cancellation fee, unless Owner has a reasonable excuse for the cancellation or has legitimate concerns about the Renter’s behavior.
9.9 Renter and Owner agree that Flow RV has final decision making authority in all payment disputes regarding cancellation and that Flow RV may exercise its powers under these Terms and applicable Federal and State law to investigate disputes.
10. Prohibited activities
10.1 You are solely responsible for compliance with any state, federal, or international laws, rules, regulations, and tax obligations that may apply to your use of Flow RV Applications as a Renter or Owner. Flow RV Applications may not be used to breach or circumvent laws, rules, or regulations, agreements with third parties, third-party rights, or these Terms.
10.2 Flow RV services are not to be used to discriminate against any individual or group. Any report of discrimination is subject to reasonable investigation by Flow RV and penalization under these Terms and applicable state and federal law. Any investigation Flow RV may engage in is not an admission of liability for a User’s discriminatory conduct, speech, or other activities. Flow RV is not liable for any discriminatory behavior Renters or Owners may engage in.
10.3 Flow RV is committed to protecting the interests and opinions or all people and ensuring that everyone may freely and safely use Flow RV Applications. To that end, discrimination against or harassment of anyone through Flow RV Applications on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, income, or sexual orientation is ground for immediate termination of a User account.
11. Term and Termination, Suspension, and Other Measures
11.1 This Agreement shall become effective for a one (1) year term, at the end of which it will automatically and continuously renew for subsequent one (1) year terms until such time that it is terminated.
11.2 User may terminate this Agreement with Flow RV at any time with written notice of User’s intent to cancel. Flow RV may terminate this Agreement immediately, without notice if (i) you materially breach any provision or obligation under these Terms or (ii) you violate applicable laws, regulations, or third party rights. Flow RV may terminated this Agreement at any time by giving User thirty (30) days notice of termination via the email registered to the User’s account.
11.3 If a User account is terminated by User or Flow RV for any reason, Renter(s) will receive a full refund, regardless of the terms of the Rental Agreement. A Renter will not receive a refund if their account is terminated. Additional fees may be assessed to the User in accordance with these Terms.
12.1 Flow RV is not and does not hold itself out to be a party, in privity or the third, in rental agreements between Owner and Renter. Flow RV does not endorse or hold itself out to endorse any User, whether Owner, Renter, or otherwise. Flow RV is not a RV broker, agent or insurer. Flow RV does not have control over the conduct of Owners or Renters or any others that may use Flow RV Applications. Flow RV expressly disclaims all liability in regard to all actions of Renters, Owners, or Users and Owners, Renters, and Users are acting on their own behalf and at their own risk.
12.2 Services provided under this Agreement are provided on an as is and as available basis. Flow RV does not make any warranties that services will be successful or error free; nor does Flow RV make any warranties as to the results that may be obtained from the use of Flow RV Applications as to accuracy, reliability or content of any information, services or merchandise contained in or provided through the services. Flow RV is not liable and expressly disclaims any liability for the content of any data transferred either to or from User. No oral advice or written information given by any agent or person related to Flow RV will create a warranty nor may you rely on any such information or advice.
12.3 You agree that the use of an RV may carry inherent risks and by using Flow RV Applications for the rental of one or more RVs you are choosing to assume those risks voluntarily. Operating any kind of motor vehicle, including an RV, may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to use Flow RV Applications. You assume full responsibility for any decisions you make before, during, and after the rental of an RV. You agree to release and hold harmless Flow RV from all liabilities and claims that arise from any injury, death, loss, harm, disability, or illness that occurs to you, any additional guest, or any minor.
12.4 Due to the nature of the Internet, Flow RV cannot guarantee the continuous and uninterrupted availability and accessibility of Flow RV Applications. Flow RV may restrict the availability of Flow RV Applications or certain features thereof, if this is necessary in view of capacity limits, the security and integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of Flow RV Applications.
12.5 The disclaimers contained in paragraphs 12.1, 12.2, 12.3, and 12.4 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.
13.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Flow RV Applications, you listing or renting of any RV via Flow RV Applications, your use of any RV, or any interaction you have with any other Flow RV User remains with you. Neither Flow RV or any other party involved in creating, producing, or delivering Flow RV Applications will be liable for any lost profits or revenues, loss of use, loss of data, license of services or similar economic loss; or punitive, indirect, special, incidental, consequential, or similar damages of any nature, whether foreseeable or not, arising out of on in connection with these Terms, the use or inability to use Flow RV Applications, communications with other Users, or from listing or renting a RV.
13.2 The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.
13.3 Notwithstanding anything to the contrary in this Agreement, Flow RV’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the purchase of the offer which gave rise to such damages, losses and causes of actions.
13.4 The limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
14. Dispute Resolution
14.1 Flow RV welcomes and encourages feedback, comments, questions, and suggestions for improvements from Users. You may submit feedback by emailing Flow RV through the “Contact” section of Flow RV Applications. Any Feedback you submit to Flow RV will be considered non-confidential and non-proprietary to you. By submitting feedback to Flow RV, you grant Flow RV 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.
14.2 You and Flow RV acknowledge and agree that we are waiving the right to participate as plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding for any and all disputes. If this paragraph is held unenforceable for any dispute, then then the entirety of the arbitration agreement will be deemed void with respect to such dispute.
14.3 Dispute Resolution between Flow RV and User
14.3.1 This Dispute Resolution and Arbitration Agreement shall apply to any User residing in the United States or any User who does not reside in the United States, but brings any claim against Flow RV in the United States.
14.3.2 Any dispute between Flow RV and a User shall be handled through a two-step process consisting of: (i) informal negotiation between User and Flow RV’s customer service team, and (ii) a binding arbitration administered by American Arbitration Association (“AAA”) using AAA’s Consumer Arbitration Rules. You and Flow RV mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, or interpretation thereof, or to the use of Flow RV Applications shall be settled by binding arbitration. If there is a dispute about whether this Agreement to arbitrate can be enforced or applies to the dispute in question, you and Flow RV agree that the arbitrator will decide the issue.
14.3.3 Prior to initiating an arbitration, User and Flow RV agree to notify the other party of the dispute and attempt to negotiate an informal resolution. If after a good faith effort to negotiate, either Flow RV or User feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party prior to initiating arbitration.
14.3.4 You and Flow RV acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes. You and Flow RV further agree that the arbitrator’s decision will include the essential findings and conclusion upon which the arbitrator based the award and that judgment on the arbitration award may be entered in any court with proper jurisdiction.
14.4 Dispute resolution between Users
14.4.1 You agree that Flow RV is not responsible for and has not obligation to mediate disputes between you and any other User, except as otherwise stated in these Terms. All User who choose to use Flow RV Applications are wholly independent from Flow RV and are not agents, officers, directors, employees, shareholders, or attorneys of Flow RV.
14.4.2 Subject to the limitations of paragraph 14.4.1, Flow RV may, but is in no way obligated to, offer limited mediation of disputes between Users. Flow RV may make a reasonable, limited effort to resolve disputes between Users. Users are responsible for contacting Flow RV regarding User disputes and recognize that Flow RV has not obligation to mediate or otherwise assist in the resolution of disputes.
14.5 Dispute resolution between Users and Third Parties
14.5.1 Users are solely responsible for any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses threatened or asserted or filed by a third party against User arising from User’s use of Flow RV Applications, User’s Rental Agreement, or User’s operation of an RV. You expressly agree to indemnify, defend, and hold harmless Flow RV and any parent, subsidiary, other affiliated company, and officers, directors, employees, shareholder, attorneys, and agents of Flow RV and any parent, subsidiary, or other affiliated company.
14.5.2 Flow RV shall not and is not obligated to provide any kind of dispute resolution assistance, whether directly or indirectly, between User and a third party. User agrees it would be inappropriate for Flow RV to provide dispute resolution between User and a third party.
14.5.3 The terms of paragraph 14.5 and all associated sub-parts shall survive the termination of this Agreement.
14.6 You and Flow RV acknowledge and agree that we are each waiving the right to trial by jury as to all disputes subject to Arbitration under these Terms.
14.7 You and Flow RV acknowledge and agree that we are each waiving the right to participate as plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceedings.
14.8 In event that any portion of Section 14 of these Terms is deemed illegal or unenforceable, such provisions shall be severed and the remainder of Section 14 shall be given full force and effect. Section 14 will survive any termination of these Terms and will continue to apply even if you stop using Flow RV Applications for any reason.
14.9 Flow RV is available only in the United States of America. Any User of Flow RV agrees that these Terms will be interpreted in accordance with the laws of the State of Iowa and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings that are excluded from Section 14, paragraphs 1 through 8 must be brought in state or federal court in Des Moines, Iowa, unless we both agree to some other location. You and Flow RV both consent to venue and personal jurisdiction in Des Moines, Iowa.
15. General Provisions
15.1 These Terms constitute the entire Agreement between Flow RV and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Flow RV and you in relation to the access to and use of Flow RV Applications.
15.2 Flow RV may revise, alter, augment, or change (“Change”) these terms on an individual User basis in compliance with these Terms. Any individual Change does not create or imply a Change for all Users and no User may expect a Change will be made in their favor. Both Flow RV and User must exist to each individual Change. This paragraph does not impede Flow RV’s ability to modify the entire Terms.
15.3 If any section, paragraph, subparagraph, or provision is held to be invalid or unenforceable, such provision will be struck and will not impact the validity and enforceability of the remaining provisions.
15.4 Flow RV’s failure to enforce any section, paragraph, subparagraph, or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Flow RV in writing.