TERMS AND CONDITIONS
BOONDOCKERS WELCOME HOST REWARDS PROGRAM

Last Updated JUNE 30,2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE BOONDOCKERS WELCOME HOST REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE BOONDOCKERS WELCOME HOST PROGRAM.

These Terms and Conditions include an arbitration provision that governs any disputes between you and us. This provision will:

  • eliminate your right to a trial by jury; and
  • substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

1. GENERAL

1.1 OVERVIEW

These terms and conditions (“Terms and Conditions”) govern all aspects of the Boondockers Welcome Host Rewards Program (“Program”). The Program is a loyalty reward program offered by Harvest Hosts Opco LLC, operating as Boondockers Welcome (“Boondockers Welcome,” “we” or “us” or “ours”). The Program is accessible through https://www.boondockerswelcome.com/host-rewards/ the “Program Website”) and any other related sites and mobile applications referred to or associated or integrated with the Program Website, including without limitation the Program explanation page available at https://www.boondockerswelcome.com/host-rewards/ (“Program Explanation Page”) and the Boondockers Welcome mobile application (“Program Application”). The Terms and Conditions set forth herein, together with any terms set forth on the Program Website and the Program Explanation Page, collectively the “Program Terms,” govern the Program. The Program allows persons who have established an account with Boondockers Welcome and who have established a host profile within the account (each, a “Program Member” or “Member”) to earn benefits, rewards, or status privileges in connection with the hosting services in accordance with the present Program Terms. The Program is only available to Members who have established and continue to maintain an active host profile, as set forth in these Terms. Members whose account profiles only include guest privileges are not eligible to participate in the Program and any action undertaken by Member guests will not qualify such Member for any benefits, rewards, or status privileges under the Program.

Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit, status, or redemption level. Boondockers Welcome in its sole discretion can restrict, suspend, amend, extend, terminate, or otherwise alter the Program Terms at any time and without prior notice. Without limiting the foregoing, Boondockers Welcome may, among other things, (i) withdraw, limit, modify, or cancel any award, status, or benefit; (ii) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting any awards, benefits, or status privileges; (iii) rename or redefine program elements, awards, benefits, or status privileges; or (iv) otherwise restrict the continued availability of any status privilege, award, or benefit; or (v) end any aspect of the Program at any time without prior notice.

1.2 ACCEPTANCE

By enrolling in the Program, each Member (i) certifies that he or she is eligible to participate in the Program, (ii) consents to Boondockers Welcome’s collection and use of certain personal information, in accordance with the privacy policy on the Program Website, and (iii) agrees to the Program Terms, as they may be amended from time to time. We will notify you of any material changes to the Program Terms as required by law. Your continued enrollment and participation in the Program after we make changes is deemed to be an acceptance of those changes. For this reason, we encourage you to review these Terms and Conditions whenever you visit the Program Website.

2. PROGRAM MEMBERSHIP

2.1 MEMBERSHIP ENROLLMENT 

Program Members must establish an account at https://www.boondockerswelcome.com/host-rewards/ or through the Program Application (“Account”). Once you have submitted the requisite information and established an account, you will be presented with an option to enroll into the Program. Once enrolled, you are eligible to earn the rewards based on the Program Terms. Please see the Boondockers Welcome privacy policy on the Program Website or https://harvesthosts.com/privacy-policy/ to understand how information you provide Boondockers Welcome will be used. This Program is void where prohibited by law. 

2.2 PASSWORDS AND SECURITY

In order to enroll in the Program and create an Account, you will have to provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will protect your ID in accordance with the privacy policy on the Program Website. Only one Account is permitted per person. 

2.3 SUSPENSION AND TERMINATION RIGHTS; CAPACITY

If Boondockers Welcome determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to Boondockers Welcome, Boondockers Welcome may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the benefits, rewards, or status privileges in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program or revoking the Account, in each case, with or without advance notice to the Member and without liability to Boondockers Welcome.

Unless further restricted elsewhere in the Program Terms, Membership is only available to the residents of the 50 United States and the District of Columbia and Canada who have reached the age of majority in their respective state or province of residence, respectively. If a Member does not meet the capacity requirements set out above, all rewards, benefits, and status privileges awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed. 

2.4 CHANGE IN INFORMATION

Program Members are responsible to advise Boondockers Welcome immediately of any change to their address or other contact information. Boondockers Welcome will not be responsible for any communication not received by a Program Member, provided that Boondockers Welcome sent such communication to the address or other contact information then on file from such Program Member. Boondockers Welcome has no liability for correspondence that is misdirected, lost, stolen, damaged, delayed, or undeliverable.

2.5 INACTIVE ACCOUNTS

A Program Member Account is deemed to be inactive if the Member has not logged into the Account for twenty-four (24) consecutive months. Once an Account is deemed to be inactive, all rewards or benefits in such Account may, in Boondockers Welcome’s sole discretion, be deemed to have been forfeited by such Member, with or without notice and the Account may be suspended or closed. In addition, any Program Member Account terminates upon death of the member.

2.6 HOW TO CANCEL YOUR MEMBERSHIP

You may cancel your enrollment in the Program at any time. To cancel your enrollment, please send an email to [email protected] and write “Boondockers Welcome Host Rewards Program Cancellation” in the subject line. The email must come from the account currently listed on our servers as being associated with your account. If you no longer have access to that email address, please email our customer service department and we will verify your status and cancel your account. Upon cancellation, you are no longer a member and any unused benefits, rewards, or status privileges accrued in your account will be forfeited and cannot be redeemed. Benefits, rewards, or status privileges maintain their value only on valid Accounts in good standing, and except as otherwise provided for redemption in the Program Terms, have no cash value outside of their redemption value, and cannot be substituted or redeemed for any other item of value or other consideration.

If an Account is used by any other person, all benefits, rewards, or status privileges relating to activities undertaken by such other person will be credited to the Program Member’s Account. Boondockers Welcome assumes no liability or responsibility for benefits, rewards, or status privileges earned or redeemed on the Member’s Account by any person(s) other than the Program Member. 

3. REWARDS

3.1 COLLECTION; REDEMPTION

Rewards, benefits, and status privileges can be earned by Program Members in connection with hosting activities undertaken through the Account.

The available rewards, benefits, status privileges, qualifying parameters and other information are available on the Program Explanation Page and in Section 3.4. of these Program Terms.

3.2 VALUE

Rewards, benefits, or status privileges earned as part of the Program have no cash value and are not exchangeable for cash. The accumulation of rewards, benefits, or status privileges does not entitle Program Members to any vested rights, and Boondockers Welcome does not guarantee in any way the continued availability of any reward, benefit, status privilege, redemption level, qualifying level, rebate or any other benefit, all of which are subject to change at Boondockers Welcome sole discretion. Boondockers Welcome assumes no liability to Program Members regarding the addition or deletion of items, services, or activities from or for which rewards, benefits, or status privileges can be collected and/or redeemed. All such items, services, or activities are subject to availability and change at any time in Boondockers Welcome’s sole discretion.

3.3 TRANSFERABILITY

Except as expressly permitted by Boondockers Welcome and pursuant to the terms governing a specific reward, benefit, or status privilege, and in such event subject to these Program Terms and limitations and expiration dates for each such reward, benefit, or privilege, rewards, benefits, or status privileges cannot be assigned, exchanged, traded, bartered, purchased, transferred, given by gift, advertised for sale, or otherwise sold or used for any commercial purpose. Any benefits, rewards, or status privileges so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation of law upon the death of a Program Member.

3.4 EARNING STATUS PRIVILEGES, REWARDS, OR BENEFITS

^Beginning on the enrollment date and for each subsequent twelve (12) month period, a Member host engages in an active year of hosting membership by (1) being available to host at least 100 out of 365 days for each twelve (12) month period, and (2) maintaining at least a 35% acceptance rate of guest stay requests, provided that such acceptance rate will only apply to requests beyond the initial 5 stay requests during each twelve (12) month period.

The rewards, benefits, and status privileges are available to you through the Boondockers Welcome Host Rewards Program based on the status that you earn. You can earn status memberships by either of the following qualifying actions:

  • The cumulative number of stays hosted and completed by you as a Member host with Boondockers Welcome.
  • The cumulative number of active hosting years of membership^ that you have completed as a Member host with Boondockers Welcome.

Qualifying status actions through years of membership and numbers of stays are in the alternative, each of which independently can earn a status based on the respective qualifying parameters.

Boondockers Welcome Host Rewards Program offers different rewards and benefits based on the status tiers, and Boondockers Welcome may adjust the rewards, benefits, or status privileges included in each status tier at any time in its sole discretion, including but not limited to any Boondockers Welcome branded promotional items that may be provided in each status tier. Except where expressly indicated otherwise, branded promotional items, coupons, and vouchers associated with each status tier are one-time awards that will be provided when a Member reaches a particular status.

Vouchers may be redeemed toward a guest membership with Boondockers Welcome, and such redemption may be by current members or individuals establishing an Account with Boondockers Welcome for the first time.
Vouchers may not be redeemed for past purchases of Boondockers Welcome memberships. Subject to the terms and conditions of the Program Terms, Members may distribute each voucher in their sole discretion to a member or non-member individual of their choosing. Vouchers may not be duplicated, replicated, or copied in any way. Pictures, screen shots or copies will not be accepted. Each voucher may only be redeemed once. Any transfer, reproduction, copying, duplication, or submission of vouchers other than as permitted in these Program Terms may constitute fraud, and you represent and warrant that you have not and will not commit any fraud or deception relating in any way, directly or indirectly, to any such transfer, reproduction, copying, duplication, or submission. Boondockers Welcome reserves the right to reject all or part of any voucher submission, without payment or liability, as it deems appropriate. Boondockers Welcome sole obligation for any voucher is limited to reimbursing or crediting the face value of any voucher if redeemed in accordance with the Program Terms. In no event will Boondockers Welcome liability hereunder exceed the total face value of all valid vouchers. In addition, any redemption of membership vouchers issued in connection with Boondockers Welcome Host Rewards Program cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Boondockers Welcome.

3.5 CURRENCY

All monetary values associated with the Program are expressed in U.S. Dollars. No currency exchange will be applied to the value of any reward, benefit, or status privilege for the purposes of the Program, including any qualifying purchases or actions, or the redemption value of any reward, benefit, or status privilege.

4. OPT-IN/PRIVACY

By providing your enrollment information, you are opting in to communications about the Program such as Program Member benefits, promotions, updates to the Program, information about your Account, and/or other administrative and transactional messages related to the Program. Members may choose to opt-out of receiving electronic communications from us containing marketing messages by unsubscribing from advertising email communications.

You understand that through your use of the Program, you consent to the collection and use of your information in accordance with the privacy policy on the Program Website.

5. GENERAL

5.1 OTHER TERMS

These Terms and Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these Terms and Conditions, the Program Website, the Program Explanation Page and/or any other Program Terms, such conflict shall be resolved as follows: first, these Terms and Conditions shall prevail, thereafter the Program Explanation Page, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms and Conditions.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Program Website. The section titles in these Terms and Conditions are for your convenience only and do not have any legal or contractual effect. You agree that these Terms and Conditions will not be construed against Boondockers Welcome by virtue of Boondockers Welcome having drafted these Terms and Conditions. If any provision of these Terms and Conditions will be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action will be strictly construed and will not affect the validity or effect of any other provision of these Terms and Conditions. No waiver on the part of Boondockers Welcome of any of these Terms and Conditions will be of any force or effect unless made in writing and signed by an authorized officer of Boondockers Welcome.

5.2 ABUSE

Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated rewards or benefits or status privileges.

5.3 CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at [email protected].

5.4 GOVERNING LAW, JURISDICTION, AND VENUE

These Terms and Conditions will be governed by and construed under the laws of the State of Colorado, without reference to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You and Boondockers Welcome also agree that the state or federal courts in Colorado have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.

5.5 DISPUTES; ARBITRATION

BINDING ARBITRATION. ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS OR YOUR ACCESS TO OR PARTICIPATION IN BOONDOCKERS WELCOME REWARDS PROGRAM (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED BY BINDING ARBITRATION. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable). The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Program Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law or the law of any other jurisdiction. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Program Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

CLASS ACTION WAIVER AND JURY WAIVER. YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND US THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

5.6 DISCLAIMER OF WARRANTIES

BOONDOCKERS WELCOME, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “BOONDOCKERS WELCOME ENTITIES AND INDIVIDUALS”) DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PROGRAM WEBSITE AND APPLICATION OR PARTICIPATION IN THE PROGRAM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SUCH WARRANTIES ARE EXPRESSLY HEREBY DISCLAIMED. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PROGRAM WEBSITE AND APPLICATION OR THE PROGRAM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROGRAM WEBSITE OR THE APPLICATION OR THE PROGRAM. FURTHER, BOONDOCKERS WELCOME ENTITIES AND INDIVIDUALS DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED IN THE PROGRAM, PROGRAM WEBSITE, OR PROGRAM APPLICATION. 

BOONDOCKERS WELCOME ENTITIES AND INDIVIDUALS WILL NOT BE LIABLE FOR THE USE OF THE PROGRAM WEBSITE AND APPLICATION OR THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THE PROGRAM WEBSITE AND APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE PROGRAM WEBSITE OR APPLICATION, ARE PROVIDED “AS-IS,” “AS AVAILABLE”. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. 

5.7 DISCLAIMERS/LIMITATION OF LIABILITY 

YOU UNDERSTAND AND AGREE THAT BOONDOCKERS WELCOME LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PROGRAM WEBSITE, PROGRAM APPLICATION,AND PARTICPATION IN THE PROGRAM AS SET FORTH BELOW: 

UNDER NO CIRCUMSTANCES WILL BOONDOCKERS WELCOME ENTITIES AND INDIVIDUALS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PROGRAM WEBSITE, THE PROGRAM APPLICATION, OR THE PROGRAM (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PROGRAM WEBSITE OR PROGRAM APPLICATION; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BOONDOCKERS WELCOME OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PROGRAM WEBSITE OR PROGRAM APPLICATION; (4) ANY ERRORS OR OMISSIONS IN THE PROGRAM WEBSITE’S OR PROGRAM APPLICATION’S TECHNICAL OPERATION, (5) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR PROGRAM; (6) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH THE PROGRAM; (7) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE PROGRAM; OR (8) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR PROGRAM OR THESE PROGRAM TERMS; EVEN IF FORESEEABLE OR EVEN IF BOONDOCKERS WELCOME ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROGRAM WEBSITE). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL BOONDOCKERS WELCOME ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). 

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BOONDOCKERS WELCOME’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, MOBILE APPLICATION, PROPERTY OR PRODUCT, OWNED OR CONTROLLED BY BOONDOCKERS WELCOME AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT OR EXPLOITATION OF ANY BOONDOCKERS WELCOME WEB SITE, INCLUDING THE PROGRAM WEBSITE, OR YOUR SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PROGRAM AND PROGRAM TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

5.8 INDEMNITY

You agree to defend, indemnify and hold harmless Boondockers Welcome Entities and Individuals for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Program Website or Program Application; (b) your violation of these Terms or any law, rule or regulation; or (c) your participation in the Program. You will cooperate as fully and reasonably as required by Boondockers Welcome in the defense of any claim. Notwithstanding the foregoing, Boondockers Welcome retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Boondockers Welcome herein under the terms and provisions of this Section and in no event will you settle any such claim without Boondockers Welcome’s prior written approval.

5.9 TERMINATION AND MODIFICATION 

The Program and its rewards, benefits, or privileges are offered at Boondockers Welcome’s sole discretion. We may, in our discretion, cancel, amend, modify, restrict, and/or terminate these Program Terms and/or the Program, or any aspect or feature of the Program, at any time without prior notice, even if such changes may affect rewards, benefits, or status privileges already earned or accumulated and/or the ability to earn and/or redeem any rewards, benefits, or status privileges.

Membership may be revoked by Boondockers Welcome, in its sole discretion, at any time. Any abuse of the Program; failure to follow any of these Program Terms; membership inactivity; misrepresentation; or conduct that may be detrimental to Boondockers Welcome or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Program Terms, we also have the right to take appropriate legal action.

If Boondockers Welcome terminates the Program or your membership is revoked, any rewards or benefits or status privileges in your account or otherwise available to you prior to such termination or revocation will automatically expire, and your access to the Program and its features will automatically terminate, in Boondockers Welcome’ sole discretion.

Qualifying purchases and actions, as reflected in Boondockers Welcome’s records, shall be deemed correct, and Boondockers Welcome reserves the right to determine the qualification for any transaction and to correct or modify the rewards or benefits or status privileges at any time based on Boondockers Welcome records and calculation of account information.