UNITED STATES
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS PRESENTED ON THE OUTDOORSY PLATFORM ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution – USA section.
Pre-arbitration dispute resolution and Agreement to Arbitrate
If a dispute, claim, or controversy arises between Outdoorsy, a guest, or a host, all parties agree to first notify the other party of the nature of the dispute or claim before initiating arbitration. The parties will attempt to negotiate an informal resolution to the issue. Outdoorsy will contact you at the email address you have provided, and you can reach us at legal@outdoorsy.com. Please include your name, phone number, email, mailing address, a brief description of the dispute, and the relief you are seeking from Outdoorsy.
If the parties are unable to resolve the claims within 30 days after the notice is sent, the parties agree to initiate arbitration. The party seeking arbitration must notify the other party via email of their intent to pursue arbitration. Arbitration can then be initiated through FairClaims (which may require that a non-Outdoorsy party initiate the process via Outdoorsy) or the American Arbitration Association (AAA) according to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as applicable. Forms for initiating arbitration are available on the FairClaims and AAA websites. Any settlement offers made by either party must not be disclosed to the arbitrator.
For the purpose of this Agreement to Arbitrate, “disputes,” “claims,” and “controversies” shall have the broadest possible meaning that will be enforced. This includes any and all issues arising out of or relating to the relationship between Outdoorsy, the guest, and the host. This includes, but is not limited to:
- Use of Outdoorsy’s services
- The interpretation, validity, enforceability, or scope of the Agreement, Terms, or this Agreement to Arbitrate
- Access to services or transactions (e.g., booking, listing, or sharing a vehicle or stay)
- The Agreement to Arbitrate itself.
Through this Agreement to Arbitrate, all parties intend to arbitrate all disputes, regardless of the legal or equitable theory they are based upon, including contract, statute, regulation, ordinance, or tort (such as fraud, misrepresentation, or negligence). This applies regardless of whether the disputes or claims arose before the parties entered into this Agreement to Arbitrate. Exceptions to this arbitration agreement are outlined below.
Applicable law
The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see “Arbitration procedures” below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Texas will apply, without regard to its conflict of law provisions.
Exceptions to Agreement to Arbitrate
The only exceptions to this Agreement to Arbitrate are as follows:
- Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
- Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
- In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues
Arbitration procedures
Arbitration between Outdoorsy, a guest, and a host will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is filed. For any claim or counterclaim up to $25,000, the arbitration will be based solely on the submission of documents to the arbitrator unless a live hearing is requested or required. If there is a dispute over the amount in controversy, all parties agree that arbitration is necessary to resolve any claims up to $25,000.
In cases where a live hearing is requested or required, any party, including Outdoorsy, may participate by video or phone. If a physical location is necessary for the arbitration, it will be held in the county where the guest or host resides, or at another mutually agreed-upon location.
All parties agree that, where permissible, communications, evidence, and rulings in the arbitration will remain confidential, except when disclosure is necessary to enforce or implement such rulings or this Agreement to Arbitrate.
If an arbitration award is granted to a party and payment is not made within the specified time frame, Outdoorsy reserves the right to disclose the non-paying party’s address to the prevailing party to facilitate enforcement of the award.
Costs of arbitration
Claims Under $25,000: Outdoorsy will cover the costs of arbitration.
Claims Over $25,000: Additional fees may apply, and these costs will be addressed and shared among the parties based on the specifics of the case and the arbitration rules.
Severability
With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.
Right to opt-out of arbitration; Procedure
IF YOU ARE A NEW OUTDOORSY USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@OUTDOORSY.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON OUTDOORSY AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Outdoorsy Account to arbitrationoptout@Outdoorsy.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Austin, Texas.
Future amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Outdoorsy makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Outdoorsy prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Outdoorsy, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of these Terms.
Judicial forum for legal disputes with Outdoorsy not subject to arbitration and choice of law
Unless the you and Outdoorsy agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute involving Outdoorsy, whether: (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the you and Outdoorsys will be resolved exclusively by a state, federal, or small claims court located in Austin, Texas. You agree to submit to the personal jurisdiction of a state court located in Travis County, Austin, Texas or a United States District Court for the District of Texas located in Austin, Texas. The Parties agree that the substantive law of the state of Texas will apply to any claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
Canada
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS PRESENTED ON THE OUTDOORSY PLATFORM ARE RESOLVED.
Resolution of disputes
If a dispute arises between Outdoorsy, a guest, or a host,and you are a resident of Canada, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through more informal means. If we are unable to resolve the dispute in such manner, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or the Services in accordance with the “arbitration option” described below or as the Parties otherwise agree in writing.
Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$15,000, the Party requesting relief may seek to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event that a Party elects for arbitration and the other Party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (1) the arbitration shall be conducted by phone, videoconference, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration, (2) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties, and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Law and forum for disputes
The laws of the Province of Ontario and the applicable federal laws of Canada shall govern the Agreement and any dispute or claim you have against Outdoorsy, a guest, or a host, in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute you may have against Outdoorsy, a guest, or a host, must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the Parties or as described in the “arbitration option” paragraph above. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.
Dispute resolution for participating parties residing outside the United States or Canada
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS PRESENTED ON THE OUTDOORSY PLATFORM ARE RESOLVED.
Regardless of where you reside, if you bring an action against Outdoorsy, a guest, or a host in the United States, the section above entitled “Dispute resolution for participating parties residing in the United States” will govern that dispute.
Resolution of disputes
If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution via the Services or at legal@outdoorsy.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. For resolving disputes related to trips originating in the United Kingdom, you can learn more here.
Governing law and forum for disputes
The laws of the United States shall govern the Terms and any dispute or claim you have against Outdoorsy, a guest, or a host in all respects if you reside anywhere other than the United States or Canada. You and Outdoorsy both agree to submit to the non-exclusive jurisdiction of the United States courts.