Terms of Service

---

Last Updated: July 9, 2020

BY USING OR ACCESSING GOOUTLIVIN.COM, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO THE FOLLOWING TERMS OF SERVICE WHICH GOVERNS YOUR USE OF THE SITE, AND IS INCORPORATED BY REFERENCE (THESE TERMS OF SERVICE SHALL BE REFERRED TO AS THE “TERMS”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN COURT. 

In A Nutshell

Check In: 1:00 PM

Check Out: 10:00 AM.

Refundable Damage Deposit Policy: Full amount of $250.00 due at time of reservation.

Children 0-2 years of age stay free, but must be noted at booking. Children 3 and over are to be added as adults.

All rates are subject to state and local taxes. All rates are subject to change without notice.

You will be responsible for any damages to the tent, platform, furnishings, provided camp equipment and materials, and the natural landscape during your stay (to be referred to as the “Site”). 

Fire restrictions in the National Forest & County may in extreme circumstances prohibit the use of wood stoves, fire pits, and propane stoves. 

• We take fire restrictions very seriously, including the safety of our National Forest and local communities. If we find that fire restrictions are not strictly adhered to, loss of damage deposit will occur.

All guests are required to have a ‘Campfire Permit’ through the National Forest. You can acquire one at the following site http://permit.preventwildfiresca.org/. You are required to send us a copy of your Campfire Permit before your stay. 

• Updates, alerts and notices for the Shasta-Trinity National Forest can be found at the following website https://www.fs.usda.gov/alerts/stnf/alerts-notices/?aid=59013.

Cold or inclement weather will not permit cancellations and refunds. 

The intended occupancy of each tent type is provided in the given tent types description. An additional cot can be added for at a fee of $10 per stay. There is a maximum of two cots per Site. If the cot add-on is not selected at time of booking, it will not be automatically applied. We will not allow parties exceeding our maximum occupancy to check in to a single tent. 

If it is obvious that an additional guest or pet stayed at the Site without being added at the time of booking, or contacted afterwards to add to your reservation, then applicable charges will be added and charged to your credit card. 

Please note that our sites are Not Handicap Accessible. No ADA access.  

Booking & Guarantee Policy

A refundable damage deposit is required at the time of your booking and will be charged to your Credit Card. 

**If credit card payment is invalid, your reservation will automatically be cancelled.**

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information to Out Livin’ or its third-party payment processor(s). You agree to pay Out Livin’ for any confirmed bookings in accordance with these Terms via credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Out Livin’ or indirectly, via a third-party online payment processor or by one of the payment methods described on the website. You also authorize Out Livin’ to charge your credit card in the event of damage caused at a Site as contemplated under “Damage to Sites” below and for Deposits, if applicable. If you are directed to Out Livin’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. 

The price of your stay is subject to change and is not confirmed until you receive an official confirmation from our team. 

Eligibility

Only persons 18 years or older are allowed to make a reservation. Persons under 18 years of age are not allowed to stay at our sites without an adult. 

Essential Eligibility Criteria

Each participant/Guest must have the ability to:

• Follow visual and written directions to get to the campsite.
• Drive on Forest Service roads. 
• Enter, sit stably, and exit your personal motorized vehicle independently or with the assistance of a companion. 
• Move through uneven/sloped terrain and vegetation to the campsite, independently or with the assistance of a companion. 
• Be able to move onto the campsite platform independently or with the assistance of a companion. 
• Stay alert and to focus attention while traveling or being in wilderness terrain.
• Understand and apply safe camping techniques. 
• Perform the fundamental camping skills of finding a campsite, transporting your personal items and food to the campsite, and cooking with a camp stove.
• Remain adequately hydrated, fed, and properly dressed so as to remain generally healthy and be able to avoid environmental injuries such as hypothermia, heat illness, sunburn or frostbite.
• Move about the campsite independently or with the assistance of a companion.
• Use and return available campsite equipment and materials independently or with the assistance of a companion. 
• Learn and practice Leave No Trace and Tread Lightly camping and travel techniques. 
• Respond appropriately to stress or crisis such as when encountering large and/or potentially hazardous animals, severe weather, or a medical emergency.
• Adapt to changing temperature/weather. 
• If taking prescription medications, be able to maintain proper dosage by self-medicating independently or with the assistance of a companion. 
• Independently identify and recognize environmental hazards. These hazards may include, but are not limited to, falling objects/rocks, loose rock and unstable surfaces, rugged steep and uneven terrain, cliff edges, crevasses, moving water (fast or slow) such as rivers, creeks; and potentially hazardous animals and insects.
• Implement provided Out Livin’ emergency procedures and instructions in the event of an accident or emergency.

Cancellation Policy

Please carefully consider the dates you select. You have up until 30 days prior to your arrival date to cancel for a 90% refund. We do charge a 10% cancellation fee. Cancellations made within the 30 day window prior to your arrival date are non-refundable. All cancellation requests must be made in writing in advance. Early departures or no shows will still be chargeable at their full rate. Cold or inclement weather will not permit a refund for cancellation. 

If Out Livin' determines, in its sole discretion, it must cancel before or during a trip because of a condition beyond its control (including but not limited to natural disasters such as a volcanic eruption, wildfire, earthquake, flood, pandemic, government shutdowns, civil unrest or conflict, etc.), no refunds will be granted, but credits for future trips may be issued.

You agree that Out Livin’ will not have any liability for such cancellations, refunds or credits. 

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you (the Guest), so that you end up receiving or paying the correct amount. 

Damage to Sites

As a Guest, you are responsible for leaving the Site in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Site. In the event that damage does occur to our Site(s), you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file. Out Livin’ also reserves the right to charge the credit card on file, or otherwise collect payment from you and pursue any avenues available to Out Livin’ in this regard, including using Refundable Damage Deposits, in situations in which you have been determined, in Out Livin’s sole discretion, to have damaged any campsite or the natural landscape. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Site to Out Livin’ (if applicable).

You agree to cooperate with and assist Out Livin’ in good faith, and to provide Out Livin’ with such information and take such actions as may be reasonably requested by Out Livin’, in connection with any complaints or claims related to Sites or any personal or other property located at a Site or with respect to any investigation undertaken by Out Livin’ or a representative of Out Livin’ regarding use of abuse of the Site. 

You understand and agree that Out Livin’ may make a claim under your homeowner’s, renter’s or other insurance polity related to any damage or loss that you may have caused or been responsible for or to a Site or any personal or other property located at a Site. You agree to cooperate with and assist Out Livin’ in good faith, and to provide Out Livin’ with such information as may be reasonably requested by Out Livin’, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Out Livin’ may reasonably request to assist Out Livin’ in accomplishing the foregoing. 

Overstaying without Out Livin’s Consent

Guests agree that a confirmed reservation is merely a temporary license granted by Out Livin’ to the Guest to enter and use the Site for the limited duration of the confirmed reservation and in accordance with the Guest’s agreement with Out Livin’. Guests further agree to leave the Site no later than the checkout time at 10:00 AM on the final day of the booking, or such other time as mutually agreed upon between Out Livin’ and the Guest. If a Guest stays past the agreed upon checkout time without Out Livin’s consent, they no longer have a license to stay in the Site and Out Livin’ is entitled to make the Guest leave. In addition, Guests agree that Out Livin’ can charge the Guest, for each 24 hour period or portion thereof that the Guest stays over the agreed period without Out Livin’s consent, and additional nightly fee of two times the nightly Site Fee originally paid by the Guest to cover the inconvenience suffered by Out Livin’, plus all applicable Service Fees, Taxes, and any legal expenses incurred by Out Livin’ to make the Guest leave (collectively, “Additional Sums”). Guests agree that Out Livin’ shall charge the Guests credit card or other payment methods it has on file to collect these Additional Sums. In addition, Out Livin may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest’s credit card or other payment method on file. 

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website and it’s Collective Content. In connection with your use of our Website and Collective Content, you may not and you agree that you will not:

• Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website or Collective Content;
• Access or use our Website or the Out Livin’ API to use, expose, or allow to be used or exposed, any Out Livin’ Content: (i) that is not publicly displayed by Out Livin’ in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Out Livin’ Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Out Livin’s users or any other third party;
• Use the Website or Collective Content for any commercial or other purposes that are not expressly permitted by these terms;
• Copy, store or otherwise access or use any information contained on the Website or Collective Content for purposes not expressly permitted by these Terms;
• Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• Interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, backdoors, packet or IP snoofing, denial-of-service attacks, forged routing or electronic mail address information or similar methods or technology;
• Use our Website to transmit, post, submit, or distribute any information concerning any other person or entity, including without limitation, personal contact information, credit, debit or account numbers;
• Use our Website or Collective Content in connection with the distribution of unsolicited commercial email (also known as “spam”) or advertisements unrelated to lodging in the National Forest;
• “Stalk” or harass any other use of our Website or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Out Livin’ Guest;
• Unless Out Livin’ explicitly permits otherwise, request or book a stay at any Site if you will not actually be staying at the Site yourself;
• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• Solicit any Guest to join third-party services or websites that are competitive to Out Livin’, without Out Livin’s prior written approval;
• Use automated scripts to collect information from or otherwise interact with the Website or Collective Content;
• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• Retrieve data or other content from our Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• Use, display, mirror or frame the Website or Collective Content, or any individual element within the Website or Collective Content, Out Livin’s name, any Out Livin’ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, without Out Livin’s express written consent;
• Access, tamper with, or use non-public areas of the Website, Out Livin’s computer systems, or the technical delivery systems of Out Livin’s providers;
• Attempt to probe, scan, or test the vulnerability of any Out Livin’ system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Out Livin’ or any of Out Livin’s providers or any other third party (including another user) to protect the Website or Collective Content;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or Collective Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Collective Content; or
• Advocate, encourage, or assist any third party in doing any of the foregoing; or
• Accept or make a payment for Site Fees other than through Out Livin’.

You acknowledge and agree that any violation of the above prohibitions would constitute a breach of these Terms; you accept all risks and responsibility for any violation of the above prohibitions; and you will defend, indemnify and hold Out Livin’ harmless from any liability arising out of any violation of the above prohibitions.

Out Livin’ has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Out Livin’ may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Out Livin’ or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Out Livin’, its users, or members of the public. You acknowledge that Out Livin’ has no obligation to monitor your access to or use of the Website or Collective Content or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Out Livin’ reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Out Livin’, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website.

Third-Party Links

Out Livin’s Website may contain links to third-party websites or resources. You acknowledge and agree that Out Livin’ is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Out Livin’ of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Acknowledgement of Risks and Release of Liability

In consideration of Out Livin,’ their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “Out Livin’”) you agree as follows:

Although Out Livin’ has taken reasonable steps to provide you with appropriate equipment and knowledge so you can enjoy an activity for which you may not be skilled, Out Livin’ has informed you that this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. Out Livin’ does not want to frighten you or reduce your enthusiasm for this activity, but believes it is important for you to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks. 

Risks may include, but are not limited to: uneven, loose and/or slippery terrain; unmarked natural and manmade hazards; drowning; steep grades; dangerous and rapidly changing weather conditions (e.g., lightning, high winds, extreme heat and cold, heavy rain and flash floods); forest fires; delayed emergency medical response; dangers arising from the use of campsite equipment; wildlife (e.g., snakes, bears, raccoons, coyotes, ticks and bees); COVID-19 contraction; and contact with and/or consumption of animal products, vegetation, water and other substances found on and around the campsite.

You are aware that Out Livin’ entails risks of injury or death to any participant. You understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. You agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. Your participation in this activity is purely voluntary, no one is forcing you to participate, and you elect to participate in spite of and with full knowledge of the inherent risks. 

You acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that you have responsibilities as a participant. You acknowledge that the staff of Out Livin’ has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. 

You certify that you are fully capable of participating in this activity. Therefore, you assume and accept full responsibility for yourself, including all additional personnel in your party including minor children in your care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of your negligence in participating in this activity. 

You have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon yourself, your heirs, assigns, personal representative(s) and estate and for all members of you and all the additional personnel in your party’s family, including minor children.

Limitation of Liability

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 WEBSITE AND COLLECTIVE CONTENT, YOUR BOOKING OF ANY SITE VIA THE WEBSITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OUT LIVIN’ WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OUT LIVIN’ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SITES, 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR FROM YOUR BOOKING OF ANY SITE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUT LIVIN' 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.

EXCEPT FOR OUT LIVIN’S OBLIGATION TO PAY SITE FEES AND TAXES COLLECTED BY OUT LIVIN’, IN NO EVENT WILL OUT LIVIN’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY SITE VIA THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SITE, EXCEED THE AMOUNT PAID OR OWED FOR THE BOOKING FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUT LIVIN’ 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.

Indemnification

You agree to release, defend, indemnify, and hold Out Livin’ and its additional insureds, affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website or Collective Content; (b) your violation of these Terms, or the violation of these Terms by any third party; (c) your (i) booking of a Site; (d) the use, condition or rental of any Site by you, including but not limited to any injuries, death, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Site.

You also release, defend, indemnify and hold harmless Out Livin’ from any claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal fees, arising out of or in any way connected with such your use and recreation on Shasta-Trinity National Forest property. 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Out Livin’ and you regarding the Website or Collective Content, and any bookings of Sites made via the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Out Livin’ and you regarding bookings of Sites, the Website and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Out Livin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Out Livin’ may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Out Livin’ via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the exclusive personal jurisdiction of a state court located in the County of Siskiyou, State of California for any disputes which are not required to be arbitrated, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and Out Livin’ agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Out Livin’ are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Out Livin’ otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes. Notwithstanding the provisions of the "Modification" section above, if Out Livin’ changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Out Livin’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Out Livin’ in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Out Livin’ to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Out Livin’. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

Contacting Out Livin’

If you have any questions about these Terms, please contact Out Livin’.