The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Copyright

  • All content appearing on this Web site is the property of:

    RecreationLandLease.com
    Recreation Land Lease, LLC
    Suite 158
    8917 S. Old State Road
    Lewis Center, OH 43035
    Copyright © 2010-2012 RecreationLandLease.com. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2010-2012 RecreationLandLease.com. All rights reserved.



  • Use Of Site

  • Effective March 30, 2010

     

    Recreation Land Lease, LLC ("Recreation Land Lease", RecreationLandLease.com, "we," or "us")
    Suite 158
    8917 S. Old State Road
    Lewis Center, OH 43035

    info@recreationlandlease.com

    By registering with Recreation Land Lease, you become a registered user and a "Member", whereby Recreation Land Lease offers certain services to you, the Member, conditioned on your agreement to adhere to the following terms of use ("Terms of Use").

    Member accepts these Terms of Use by registering as a Member and using Recreation Land Lease's website (the "Site") or the services, information, goods, content, or products made available through the Site (each a "Service" or, collectively, the "Services"). These Terms of Use are subject to change by Recreation Land Lease, in its sole discretion, at any time, without prior notice to you. Your continued access to or use of the Site or the Services after such changes have become effective constitutes your conclusive acceptance of the modified Terms of Use.

    Upon registration as a Member, you self select a username and password. It is your responsibility to maintain the confidentiality of that username and password, as you will be responsible for all activity transacted under that username and password through the Site. If you believe your username or password have been compromised, you should change them immediately via the Site and contact Customer Service at (877) 573-5225.

    1. License and Copyright

    The content of the Site, including without limitation, its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, data, information, notices, software (including HTML or XML-based computer programs) and other material (collectively, the "Content"), are protected under both United States and foreign copyright, trademark, and other laws. The Content belongs or is licensed to Recreation Land Lease. We hereby grant you the right to view and use the Site subject to these Terms of Use. You may download or print a copy of Content for internal use only. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

    Member grants to Recreation Land Lease an unlimited, unrestricted, irrevocable, perpetual and royalty-free license to publish and display. in accordance with applicable law, all, part or a modified version of any information, data or other content that Member provides via the Site or any other Recreation Land Lease-controlled or sponsored website or Recreation Land Lease-controlled or sponsored publications and services ("Member Content"). Furthermore, any Member who posts Member Content on the Site or any Recreation Land Lease-controlled or sponsored website, including without limitation, properties for lease, hereby grants to Recreation Land Lease the right to distribute, by e-mail or otherwise, all, part or a modified version of such Member Content to any third party, including any media Recreation Land Lease may deem advisable in its sole determination for marketing purposes.

    If you believe any Content infringes your copyright rights, 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 photograph that you claim is infringing and where it is located on the Site; (4) your address, telephone number, and email 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; (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. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Matthew Rieser, Managing Member, Recreation Land Lease, LLC, Suite 158, 8917 S. Old State Road, Lewis Center, OH 43035.

    2. Services

    1. Member Service Requests
      Recreation Land Lease allows Members through the Site to submit requests for Services to independent third-party insurance brokers and agents ("Professional Service Providers"), as well as third-party providers of related services (providers of such services and Professional Service Providers collectively, "Service Providers"). Members who make such requests to Service Providers hereby agree to supply Recreation Land Lease with information about themselves and the property they want to list for lease or lease from another party, and hereby permit Recreation Land Lease to provide some or all of this information to third parties. As Recreation Land Lease uses e-mail and telephones to provide the Services, all Recreation Land Lease Members hereby consent to receiving e-mails and telephone calls from Recreation Land Lease to qualify for, participate in, and otherwise receive the Services. Member also consents to receiving e-mails and telephone calls from Service Providers and other third parties, as Member's requests for Services may require services from such third parties.

      Member affirms that all of the information Member provides to Recreation Land Lease, whether through the Site or otherwise, is accurate and complete. Member also agrees to update Recreation Land Lease with current and accurate information, if at any time the information Member provides to Recreation Land Lease changes.

      Recreation Land Lease may from time to time offer eligible Members promotional opportunities, such as alternative membership products. Not all Members may be eligible to receive all promotional opportunities.
    2. Property Posting Services
      Members may post properties for lease on the Site for the purpose of marketing those properties to other users of the Site. Member represents, warrants and affirms that all of the information and Member Content that Member provides to Recreation Land Lease, whether through the Site or otherwise, is accurate and complete. Member represents, warrants and affirms that Member is the legal owner of the property to be listed or has the legal right to do so. Member agrees to abide by all terms set forth in the property listing agreement. Member also agrees to update Recreation Land Lease with current and accurate information and associated Member Content, if at any time such information Member previously provided to Recreation Land Lease changes. Member understands that Recreation Land Lease will hold back a percentage of the lease price, documented in the listing agreement, in return for advertising and processing fees when the property is leased.
    3. Property Leasing Services Members may select a property or properties to engage in a limited land-use lease.  If Member enters into a lease, Member agrees to abide by all Federal, State, local laws, and regulations of any kind while the Member is on the leased property.  Member also agrees to abide by all terms set forth in the leasing agreement, including but not limited to any special terms included by the land owner.  Any violation of laws or lease terms will result in immediate termination of the lease with no refund at the sole discretion of Recreation Land Lease.  A violation of laws or lease terms may also result in the termination of Membership.
    4. Other Services
      From time to time Recreation Land Lease may make available through the Site third-party Service Providers which may offer certain Services to Members, including without limitation, insurance services. Recreation Land Lease makes such third-party Service Providers available through the Site in exchange for a fee or other consideration from such third-party Service Providers, and as a convenience to Members. Member hereby acknowledges and agrees that it is Member's responsibility independently to investigate the qualifications of each Service Provider and to review carefully each Service Provider offering prior to entering into any engagement with such Service Provider.

    3. Limitations on Use

    1. Unless expressly authorized in these Terms of Use, the Services and the Content may be used by Member solely for personal, noncommercial purposes. The Services and the Content may not be shared with or used by any of Member's agents, representatives, consultants, officers, directors, shareholders or affiliates, or any third party, including through joint marketing arrangements.
    2. Unless expressly authorized in these Terms of Use, Member shall not: (i) disclose, use, distribute, publish, disseminate, reproduce, reformat or modify the Services or the Content or any portion thereof in any manner, (ii) transfer, sell, convey, resell, or sublicense the Services or the Content or any portion thereof in any manner, (iii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Services or the Content or any portion thereof, (iv) process any portion of the Services or the Content, or permit any portion of the Services or the Content to be processed with other data, information, editorial content, software (including HTML or XML-based computer programs) or other material from any other source, (v) allow access to the Services or the Content through any terminals located outside of Member's operations, (vi) use the Services or the Content to create, enhance or structure any database in any form for resale or distribution, or (vii) use the Services or the Content to create derivative work or derivative products of any kind.
    3. Member shall abide by all applicable federal, state, and local laws and regulations of any kind governing fair information practices and consumers' rights to privacy, including without limitation any applicable non-solicitation laws and regulations.
    4. Member shall not use the Services or the Content: (i) in conducting any marketing or telemarketing activities; (ii) for redistribution or publication via the Internet; (iii) for the purpose of extracting, selecting or otherwise removing any data elements contained in the Services or the Content for any reason;
    5. Member shall not use the Services or the Content in any way that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
    6. Member shall not remove, alter or obscure any proprietary notices contained in the Services or the Content or other materials provided by Recreation Land Lease hereunder, and shall reproduce all such notices on all copies or portions thereof.
    7. Member represents, warrants, affirms and agrees that it is authorized by law or contractual agreement to provide all Member Content licensed to Recreation Land Lease hereunder, and that such Member Content or the provision thereof does not violate any other agreement, third-party contract or the proprietary rights of any third-party. Member further represents, warrants, affirms and agrees that all Member Content licensed to Recreation Land Lease or otherwise provided hereunder is not unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any way.

    4. PAYMENT OF CHARGES

    1. Payment Term and Changes
      The fee to register as a Member on the Site is normally assessed on a yearly basis, but other billing arrangements may be made available to Members, in Recreation Land Lease's sole discretion. The membership fee is calculated from the day upon which Member's paid membership commences.  Member hereby authorizes Recreation Land Lease to charge Member's credit card, debit card or bank account, in advance, for the amount of Member's regular membership fee for each agreed term of the Member's selected membership term. Member hereby authorizes Recreation Land Lease to modify the term membership fee charged to Member upon thirty (30) days notice to Member sent by e-mail to the address provided on registration. The membership fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not the Member actually uses the Site, the Services or the Content. Notwithstanding the language in this paragraph, if a membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
      Various Services and/or Content on the Site, whether offered by Recreation Land Lease, third-party Service Providers or others, may require additional fees or charges.
    2. On Time Payment
      Member is required to pay all charges on time, and agrees to submit an accompanying payment authorization in connection with these charges when requested by Recreation Land Lease. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. Recreation Land Lease may terminate or disable Member's membership if Member fails to pay fully and in a timely manner all amounts due to Recreation Land Lease. If Member's credit card expires or is otherwise declined for payment, access to the Services and the Site may be modified, suspended or cancelled, in Recreation Land Lease's sole discretion and without notice to Member. If any Member payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on such past due amounts, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. Member shall pay all costs incurred by Recreation Land Lease with respect to collection of any past due amount, including legal fees. Each time Member accesses or uses the Site or the Services, Member affirms that Recreation Land Lease is authorized to obtain payment through a selected payment method. All fees are quoted and payable in United States Dollars. Member is also responsible for paying all applicable taxes for Services and/or Content, and any other costs incurred in connection with the use of or access to the Site.
    3. Payment Methods
      Member's complete billing address and telephone number must be provided to process payments. Recreation Land Lease accepts most major credit cards and may accept bank drafts, including personal checks, money orders, cashiers checks and company checks sent by mail. Recreation Land Lease may not credit the applicable account until additional procedures are completed and after Recreation Land Lease's bank certifies receipt of funds — typically ten (10) business days after receipt of a check. Recreation Land Lease may charge a twenty dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
    4. Refunds

    (i) Memberships are pre-paid for the term of the membership and will not be refunded for any reason. 

    (ii) A Member purchasing a lease may request a refund for a lease payment, provided the request is received by Recreation Land Lease within seven (7) business days of the lease purchase.  Any funds returned will be less a 10% processing fee. A refund can be requested as follows;

    (1) A Member may request a refund for a lease payment by e-mailing a cancellation request to info@RecreationLandLease.com within (7) business days of the lease payment.

    (2) A Member may request a refund for a lease payment by telephoning a cancellation request to (877) 573-5225 during the business hours of 8am to 5pm EST Monday through Friday within seven (7) business days of the lease payment.

    After the 7th business day, the lease agreement will be processed; the funds due to the property owner will be forwarded making the sale final.

    5. Account Discrepancies
    Member may contact the Recreation Land Lease Customer Service Department by e-mail at info@RecreationLandLease.com or telephone at (877) 573-5225 concerning charges or other questions regarding the status of Member's account. However, if Member's account-related questions are not satisfactorily resolved within fifteen (15) business days of Member's first calling or sending an e-mail to the Recreation Land Lease Customer Service Department regarding such questions, Member must write to the Recreation Land Lease Customer Service Department at: Recreation Land Lease, LLC, Suite 158, 8917 South Old State Road, Lewis Center, OH 43035, delivered by United States mail. Notwithstanding the foregoing, in no event may Member dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by Member. Otherwise, except as required by applicable law, any and all such Member complaints are waived by Member.

    5. Term of Membership

    The term of Member's access to the Site, Services and Content is based upon Member's express agreement and adherence to these Terms of Use and to Member's fully paid membership and other fees. Member's membership to the Site shall be for the initial term (e.g., daily, monthly, quarterly, semi-annually or annually) as may be agreed by Member and Recreation Land Lease through online registration, telephone order or otherwise, and shall automatically renew for indefinite successive renewal terms for the same period as the initial term or on a month to month basis, depending on agreed upon terms, unless terminated by Member or Recreation Land Lease in accordance with the provisions of these Terms of Use. However, if Member accepts a special or introductory promotional offer for a membership, then at the conclusion of the initial term specified in such special introductory promotional offer, the membership shall automatically renew and Member hereby authorizes Recreation Land Lease to charge Member's credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly retail rate at the time of such renewal until terminated in accordance with the provisions of these Terms of Use. Member acknowledges and agrees that NO refund, offset or credit will be given for any cancellation of a special introductory promotional offer membership. If Member registers for a free Trial Membership, Member agrees to be rolled into a pre-paid month-to-month membership at the end of the free trial period if Member has not canceled the Trial Membership prior to the expiration thereof.

    6. Termination

    Either Recreation Land Lease or Member may cancel Member's membership at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Member or by Recreation Land Lease, all fees due to Recreation Land Lease up to the end of the then-current term billing cycle at time of termination shall remain payable to Recreation Land Lease unless otherwise specifically stated in an applicable promotional offer.

    Member may terminate membership by one of four ways that applies to their type of membership, as follows:

    1. All members may terminate membership online, using the "Edit My Profile" feature in the "My Recreation Land Lease" section of the Site, accessible to Member upon login.
    2. All members may terminate membership by e-mailing a cancellation request to info@RecreationLandLease.com at least five (5) days prior to the desired cancellation date.
    3. All members may terminate membership by telephoning a cancellation request to (877) 573-5225 during the business hours of 8am to 5pm EST Monday through Friday. A $5 dollar service and processing fee will be applied for paying membership cancellation requests processed via telephone.
    4. Only paying members may terminate by mailing a cancellation request to Recreation Land Lease Inc., 8358 Payson Drive, Lewis Center, OH 43035. Such cancellation will be effective approximately ten (10) days after receipt.

    Recreation Land Lease reserves its right to terminate or suspend access to the Services and the Content to any Member whose information Recreation Land Lease believes, at Recreation Land Lease's sole discretion, to be inaccurate or misleading.

    If at any time Recreation Land Lease believes, in its sole discretion, that the Member has violated any provision of these Terms of Use, Recreation Land Lease may immediately terminate Member's membership and all other Services without any right of Member to a refund or other remedy, and all fees due to Recreation Land Lease up to the end of the then-current billing cycle at the time of such termination shall remain payable to Recreation Land Lease. Such termination will not limit any other right by Recreation Land Lease under contract, tort or any other legal theory to pursue any claim or cause of action against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.

    7. Ownership and Safekeeping; Modification of Recreation Land Lease Services

    The Services and the Content are and shall remain the sole and exclusive property of Recreation Land Lease. Member shall have only the limited rights with respect to the Services and the Content as expressly granted in these Terms of Use, and all rights not expressly granted herein are reserved by Recreation Land Lease. Member acknowledges and agrees that only Recreation Land Lease shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Member shall not disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content. Under no circumstances shall Member sell, license, publish, display, copy, distribute, or otherwise make available the Services or the Content in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in these Terms of Use. Member will take all reasonable steps to protect the security of the Services and the Content, and to prevent unauthorized use or disclosure thereof. Member is responsible for all access to and use of the Services and the Content by means of Member's equipment or under Member's user ID and password, whether or not Member has knowledge of or authorizes such access or use. Member shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and Member shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by Member.

    Recreation Land Lease reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any Member. Recreation Land Lease shall not liable to any Member in the event that Recreation Land Lease exercises its rights under this Section.

    8. Third-Party Content and Services.

    1. The Site may contain links to websites maintained by third parties ("Third Party Websites"), including Service Providers. Such links to Third Party Websites are provided for Member's convenience and reference only. Recreation Land Lease does not operate or control, in any respect, any information, content, software, products or services available on such Third Party Websites, and is not responsible for any content on such Third Party Websites, including the website of any Service Provider or any other third party. Recreation Land Lease's inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.
    2. Recreation Land Lease is a data aggregator of content supplied by third parties and Members and assumes no obligation to exercise editorial control over the opinions, advice, statements, Services, offers or other content provided by third parties, including Members. Nevertheless, Recreation Land Lease reserves the right to screen, review, edit or remove any content if it does not comply with laws, rules or regulations, or for any other reason Recreation Land Lease deems relevant in its sole discretion.
    3. Property descriptions and other information used in Recreation Land Lease's tools for selecting properties have not been verified by Recreation Land Lease, and such descriptions, data, and information are not intended to be binding on Recreation Land Lease. All listings are subject to prior sale and may not be available when your request is processed. All prices and terms are subject to change without notice.
    4. Member acknowledges and agrees that its use of any Service provided to Member by a Service Provider shall be subject to the terms of a separate agreement between the Member and the applicable Service Provider, and that Recreation Land Lease has no liability to Member in relation to the any Service provided by a Service Provider, or any acts or omissions of any Service Provider.
    5. For its Services and referrals, Recreation Land Lease may receive payment from Service Providers. Membership with Recreation Land Lease and use of the Services and/or the Content constitutes Member's acknowledgment of and agreement to this compensation arrangement.

    9. DISCLAIMERS AND LIMITATIONS

    Recreation Land Lease attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. Recreation Land Lease does not guarantee the accuracy of the Content and advises you independently to verify the accuracy of the information provided. We make no guarantee, whether express or implied, that you will find a property listing that meets your specifications. In addition, Recreation Land Lease may make changes and improvements to the Content at any time. Recreation Land Lease makes no representation or warranty as to the quality or qualification of any Service Provider referred to Member, and is not responsible or liable for any acts or omissions created or performed by such Service Providers.

    THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RECREATION LAND LEASE AND ITS SUPPLIERS (INCLUDING INSURANCE COMPANIES/AGENTS) DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

    BY MEMBER'S USE OF THE SERVICES, THE CONTENT OR THE SITE, MEMBER AGREES AND ACKNOWLEDGES THAT MEMBER'S USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT MEMBER'S OWN RISK. NEITHER RECREATION LAND LEASE NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.


    TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL RECREATION LAND LEASE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY MEMBER WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

    10. Indemnity

    As a condition of use of the Site or Services, Member hereby agrees to indemnify Recreation Land Lease (including its affiliates and the officers, directors, employees, and agents of each of same) and its suppliers (including distributors or other Service Providers) and other Members from and against any and all liabilities, expenses (including attorneys' fees) and damages resulting from claims arising out of or relating in any way to Member's posting of Member Content or use of the Services or the Site (including but not limited to infringement of third parties' intellectual property rights or negligent or wrongful conduct), including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of these Terms of Use.

    11. COMPLIANCE WITH LAWS

    You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Site.

    The Services may be subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country subject to United States embargo that makes provision of Services through this Site unlawful; or (2) any person or entity identified on the U.S. Treasury Department's list of Specially Designated Nationals or any other list that prohibits the provision of Services through this Site. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.

    12. DISPUTE RESOLUTION

    Member agrees that any claim or controversy arising out of or relating to the use of the Site, the Services or the Content, or to any acts or omissions for which the Member may contend Recreation Land Lease is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Delaware County, Ohio. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. In any arbitration, Recreation Land Lease will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Delaware County, Ohio, and Member agrees to submit to the jurisdiction of such court for that purpose. Member and Recreation Land Lease agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under these Terms of Use and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under these Terms of Use with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

    THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN THE MEMBER AND RECREATION LAND LEASE WILL BE RESOLVED BY BINDING ARBITRATION IN DELAWARE COUNTY, OHIO. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND RECREATION LAND LEASE RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN DELAWARE COUNTY, OHIO, FOR THAT PURPOSE.

    You also acknowledge and understand that, with respect to any Dispute, in the event we incur attorney fees or expenses in connection with the collection of sums owed to us by you under these Terms of Use, we shall be entitled to recovery of those fees and expenses from you.

    13. OTHER TERMS

    These Terms of Use shall be subject to and construed in accordance with the laws of the State of Ohio, excluding its conflict or choice of laws principles. If any part of these Terms of Use 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 of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.



  • Privacy Policy

  • We respect your privacy. Therefore we never share or sell your personal information with any third parties, except our lease insurance partner. Any information collected through this site is intended to be used for membership or lease transactions only.  Your personal information is secured via SSL (Secure Socket Layer) Technology.