Section 25 (Dispute Resolution and Arbitration Agreement) of these Terms of Service contains an arbitration agreement and class action waiver that apply to all claims brought against SABO in the United States. Please read them carefully.
Last Updated: July 17, 2023
These Terms of Service (“Terms of Service”) are a binding legal agreement between you and SABO that govern your right to use the websites, applications, and other offerings from SABO (collectively, the “SABO Platform”). When used in these Terms of Service, “SABO,” “we,” “us,” or “our” refers to SABO Outdoors Ltd.
The SABO Platform offers an online venue where users who have registered an account with the Sabo Platform (“Users”) can publish, offer, search for, and book services. Users who publish and offer services are “Hosts” and Users who search for, book, or use services are “Guests.” Hosts offer accommodations ( “Lodgings”), access to properties (“Property” ) activities, excursions, and events, guided tours, classes, (“Excursions”), equipment rental (“Equipment”) and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the SABO Platform, and must keep your account information accurate. As the provider of the SABO Platform, SABO does not own, control, offer or manage any Listings or Host Services. SABO is not a party to the contracts entered into directly between Hosts and Guests, nor is SABO a real estate broker, travel agency, or insurer. SABO is not acting as an agent in any capacity for any User, except as specified Section 13 (Payment Terms).
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
1. Searching and Booking on SABO.
Searching. You can search for Host Services by using criteria like the location of the Property, the type of Host Service being offered, and the dates of availability. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria.
Booking. When you book a Listing, you are agreeing to pay all charges for your booking including all applicable fees as provided in Section 13 (Payment Terms), as well as any additional fees identified during checkout (collectively, “Total Price” ). You are also agreeing that SABO may charge the Payment Method (as defined in Section 13 (Payment Terms)) used to book the Listing in order to collect the amount of any Host Claims (as defined in Section 16 (Host Claims)). When you apply to book a Listing, you application will be sent to the Host for approval. Your application is not final until the Host approves and sends you a booking confirmation. When you receive the booking confirmation, a contract for Host Services (a “Reservation” ) is formed directly between you and the Host. While on the Property, you will be expected to retain a physical or electronic copy of the Reservation at all times, and should be prepared to present that copy of the Reservation to the Host or any governmental authority (including law enforcement) upon request to establish your right to be on the Property. In addition to these Terms of Service, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation any additional rules, standards, policies, or requirements provided by the Host (“Host Rules”). It is your responsibility to read and understand the Host Rules prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services. Some Hosts may subdivide their Property into distinct parcels (each a “Territory”). Different Host Services may be provided in different Territories. If a Host has divided their Property into multiple Territories, then it is your responsibility to understand the boundaries of the Territory you are booking in your Reservation, and to remain within those boundaries at all times during your stay. Not every Property or Territory may include Lodgings. You are responsible for confirming whether the Property or Territory in your Reservation offers Lodgings.
Property and Lodgings Reservations. A Reservation is a limited license to enter, occupy, and use the Property and/or Lodgings. The Host retains the right to re-enter the Property and/or Lodgings during your stay, to the extent: (a) it is reasonably necessary, (b) permitted by your contract with the Host, and (c) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests or Invitees.
An Excursion or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
2. Cancellations, Refunds, and Booking Modifications.
Guest Cancellations. If as a Guest you cancel a Reservation before it is confirmed by the Host, SABO will cancel any pre-authorization to the Guest’s method of payment and/or refund any nominal amounts charged to that method of payment in connection with the Reservation within a commercially reasonable time. If a Guest wants to cancel their Reservation either prior to or after the Reservation Date, the cancellation policy identified in the applicable Listing will apply and determines whether SABO will refund any portion of the fees to you. Hosts may select one of the three (3) cancelation policies provided below, which will determine what amount is refunded to you, except as otherwise provided in Section 2.2 (Host Cancellations) or 2.3 (Host Issues):
|Name of Policy
||Guests will receive a full refund if they cancel at least one (1) day prior to the Reservation Date
||Guests will only receive a full refund if they cancel at least five (5) days prior to the Reservation Date
||Guests will only receive a full refund if they cancel at least thirty (30) days prior to the Reservation Date
If there is a complaint from either the Guest or the Host, SABO must be notified within at least twenty-four (24) hours after check in. SABO reserves the right to mediate any disputes concerning a cancelation, which it may resolve in its sole and absolute discretion. A Reservation is officially cancelled when the User clicks the “Cancellation” button on the cancelation confirmation page.
Host Cancellations If the Host cancels your Reservation prior to check-in, you may be eligible for a partial or full refund.
Host Issue. If you experience one of the following circumstances (collectively “Host Issue” ), you may be eligible for a partial or full refund.
Host fails to provide access to the Lodgings or Property.
Lodgings are not habitable at check-in for any of the following reasons:
They are not reasonably clean and sanitary, including bedding and towels; or
They contain safety or health hazards.
Listing contains a material inaccuracy such as:
Incorrect information about the Lodging (i.e. type, capacity, location, facilities)
Incorrect information about the Property (i.e. size, location, permitted activities)
Special amenity or feature described in the Listing (i.e. pool, hot tub, bathroom - toilet, shower or bathtub, kitchen - sink, stove, refrigerator or other major appliance, electrical, heating or air conditioning systems) is not present or does not function substantially as described.
A Force Majeure Event (as described Section 26.9 (Force Majeure)) occurs
Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree between themselves to make via the SABO Platform ( “Booking Modifications” ), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
3. Your Responsibilities and Assumption of Risk.
Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join, participate in, or otherwise provide access to any Lodgings, Excursion or other Host Service, including your pet(s) (“Invitees” ). You are responsible for complying with all applicable laws and legal obligations necessary to conduct or participate in the Host Services (including obtaining any licenses, permits, tags, and/or stamps as required by any applicable laws, regulations, or governmental authorities). For any additional Invitees included in your Reservation, who are (a) under the age of eighteen (18), (b) are minors in their place of legal residence, or (c) are minors in the place where the Host Services will take place, then you must be legally authorized to act on their behalf and you are solely responsible for their supervision.
Your Assumption of Risk. You (and on behalf of all Invitees) acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the SABO Platform and any User Contributions (as defined in Section 8 (User Contributions)), including your stay at any Lodgings, participation in any Excursion, use of any Host Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, certain Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. It is your responsibility to inform all Invitees that you have assumed this risk on their behalf and that they have no more rights against SABO than your rights as a Guest under these Terms of Service.
Hosts If you decide to act as a Host, you will be required to accept and agree to our Host Addendum. If you are a Host, the Host Addendum is incorporated into these Terms of Service by reference.
SABO’s Role. We offer you the right to use a platform that enables Users to publish, offer, search for, and book Host Services. While we work hard to ensure our Users have positive experiences using SABO, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that SABO has the right, but does not have any obligation, to monitor the use of the SABO Platform and verify information provided by our Users. For example, we may review, disable access to, remove, or edit User Contributions to: (a) operate, secure and improve the SABO Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure Users’ compliance with these Terms of Service; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) address User Contributions that we determine is harmful or objectionable; (e) take actions set out in these Terms of Service; and (f) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users agree to cooperate with and assist SABO in good faith, and to provide SABO with such information and take such actions as may be reasonably requested by SABO with respect to any investigation undertaken by SABO regarding the use or abuse of the SABO Platform. SABO is not acting as an agent for any User except for where SABO Payments acts as a collection agent as provided in the Payments Terms.
6. SABO Platform Rules.
Prohibited Uses. You may use the SABO Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the SABO Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 10 (Content Standards) of these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the SABO Platform, or which, as determined by us, may harm SABO or other Users, or expose them to liability.
Follow our Non-Discrimination Policy and do not discriminate against or harass other Users.
Additional Prohibitions. Additionally, you agree not to:
Use the SABO Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the SABO Platform, including their ability to engage in real time activities through the SABO Platform.
Use any robot, spider, or other automatic device, process, or means to access the SABO Platform for any purpose, including monitoring or copying any of the material on the SABO Platform.
Use any manual process to monitor or copy any of the material on the SABO Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the SABO Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the SABO Platform, the server on which the SABO Platform is stored, or any server, computer, or database connected to the SABO Platform.
Attack the SABO Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the SABO Platform.
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the SABO Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the SABO Platform or User Contributions.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the SABO Platform.
Requirements. In addition, you must follow these rules and must not help or induce others to break or circumvent these rules.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the SABO Platform.
You may only use another User’s personal information as necessary to facilitate a transaction using the SABO Platform as authorized by these Terms of Service.
You may use User Contributions made available through the SABO Platform solely as necessary to enable your use of the SABO Platform as a Guest or Host.
Do not use User Contributions unless you have permission from its owner or the use is authorized by us in these Terms of Service or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the SABO Platform to avoid paying fees, taxes, or for any other reason.
Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by SABO.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Host Services unless you are actually using the Host Services.
Do not use, copy, display, mirror or frame the SABO Platform, any User Contributions, any SABO branding, or any page layout or design without our consent.
Honor your legal obligations.
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation.
Do not use the name, logo, branding, or trademarks of SABO or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with SABO branding.
Do not offer Host Services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.
Reporting Violations. If you believe that a User, Listing or User Contribution poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting SABO. In addition, if you believe that a User, Listing or User Contribution has violated this Section 6.4 or the Content Standards in Section 10 (Content Standards), you should report your concerns to SABO. If you reported an issue to local authorities, SABO may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
Parts of the SABO Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews, and other interactive features (collectively, “Interactive Services” ) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter,“post” ) content or materials including feedback, text, photos, audio, video, information, and other content or materials (collectively, “User Contributions” ) on or through the SABO Platform. All User Contributions must comply with the Content Standards set out in in Section 10 (Content Standards) of these Terms of Service.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SABO, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the SABO Platform.
Intellectual Property. User Contributions made available through the SABO Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for those User Contributions are the exclusive property of SABO and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any User Contributions accessed through the SABO Platform except to the extent you are the legal owner of that User Contributions or as expressly permitted in these Terms of Service. Subject to your compliance with these Terms of Service, SABO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the application on your personal device(s); and (b) access and view the User Contributions made available on or through the SABO Platform and accessible to you, solely for your personal and non-commercial use.
Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the SABO Platform or the public, or could create liability for SABO.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the SABO Platform.
Terminate or suspend your access to all or part of the SABO Platform for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the SABO Platform. YOU WAIVE AND HOLD HARMLESS THE SABO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement. SABO respects the intellectual property rights of others and expects its users to do the same.
In accordance with the Digital Millennium Copyright Act of 1998, SABO will respond expeditiously to claims of copyright infringement that are reported to SABO’s Designated Copyright Agent.
If you believe that any User Contributions violate your copyright, please provide SABO’s Copyright Agent designated in Section 26.11 (Contact Us) of these Terms of Service with a message (the “DMCA Notice” ) which:
- Identifies the copyrighted work(s) that you claim have been infringed.
- Identifies the material that you claim is infringing (or to be the subject of infringing activity), and information reasonably sufficient to permit us to locate the material.
- Provides your mailing address, telephone number, and email address.
- Provides your full legal name and your electronic or physical signature.
- Includes the following statements:
“I have a good faith belief the use of the above reference copyrighted work(s) that appears on the website is not authorized by the copyright owner, its agent, or by law”
“I declare, under penalty of perjury, this notice is true and correct and that I am the copyright owner (or its duly authorized agent for this purpose) entitled to exclusive rights which I allege are being infringed.”
Upon receipt of the DMCA Notice as described above, SABO will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the SABO Platform. It is SABO’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Charges. You understand that use of the SABO Platform may result in charges to you for the Host Services you receive (“Charges”), and authorize SABO to make all such Charges to your Payment Method (as defined below) in connection with all fees due in connection with your account. The SABO Platform will enable your payment of the applicable Charges for Host Services obtained through your use of the SABO Platform. Charges will include applicable taxes where required by law. Charges may include cancellation fees, as well as any other applicable fees.
Payment Authorization. You authorize SABO or its third party payment processor to make Charges to your Payment Method, either directly or indirectly, for all fees due (including any applicable taxes) in connection with your account, including Host Claim amounts in accordance with these Terms of Service and with Section 16 (Host Claims). SABO charges the Total Price due after the Host accepts your booking request.
Payment Method. All Charges and payments will be enabled by SABO using the method of payment designated in your account, such as a credit card, debit card, or bank account (each a “Payment Method”), after which you will receive a receipt. If your primary Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that SABO may use a secondary Payment Method in your account, if available. Charges paid by you are final and nonrefundable, unless otherwise determined by SABO.
Adjustments. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the SABO Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the SABO Platform or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
Payments to Hosts. With respect to Hosts, Charges you incur will be owed directly to Hosts, and SABO will collect payment of those Charges from you, on the Hostʼs behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Host. There also may be certain Charges you incur that will be owed and paid directly to SABO. For the avoidance of doubt, SABO does not charge a fee for a user to access the SABO Platform, but retains the right to charge users a fee or any other Charge for accessing Host Services made available through the SABO Platform.
Disputing a Charge. If you think a correction should be made to any Charge you incurred, you must let SABO know in writing within thirty (30) days after the Charge took place or SABO will have no further responsibility and you waive your right to later dispute the amounts charged.
Appointment of SABO as Limited Payment Collection Agent. Each Guest acknowledges and agrees that, notwithstanding the fact that SABO is not a party to the agreement between you and the Host(s), including each Host Team member, SABO acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to SABO, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and SABO is responsible for remitting the funds successfully received by SABO to the Host(s) in the manner described in the Host Addendum. In the event that SABO does not remit any such amounts, the Host(s) will have recourse only against SABO and not the Guest directly.
Termination, Suspension and other Measures.
Term. These Terms of Service become effective the first time you access the SABO Platform (for example to create an account) and remain in effect until they are terminated as provided herein.
Termination. You may terminate these Terms of Service with us at any time by contacting us as provided in Section 26.11 (Contact Us) below or by deleting your account. SABO may terminate these Terms of Service and your account for any reason by giving you thirty (30) days’ notice via email or using any other contact information you have provided for your account. SABO may also terminate these Terms of Service immediately and without notice and stop providing access to the SABO Platform if you breach these Terms of Service, you violate applicable laws, or we reasonably believe termination is necessary to protect SABO, its Users, or third parties. If your account has been inactive for more than five (5) years, we may terminate your account with prior notice.
User Violations. If (a) you breach these Terms of Service, (b) you violate applicable laws, regulations, or third-party rights, (c) violate the Host Rules for any Reservation, or (d) SABO believes in its sole discretion that it is reasonably necessary to protect SABO, its Users, or third parties; SABO may, with or without prior notice:
suspend or limit your access to or use of the SABO Platform and/or your account;
suspend or remove Listings, Reviews, or other User Contributions;
cancel pending or confirmed bookings under Section 2.1 (Guest Cancellations); or
suspend or revoke any special status associated with your account.
Legal Mandates. SABO may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 14.3 (User Violations).
Effect of Termination. If you are a Host and terminate your SABO account, any outstanding Reservations will be cancelled and all Guests will receive a refund of one hundred percent (100%) of the Total Price. If you terminate your account as a Guest, any outstanding Reservations will be treated as canceled under Section 2.1 (Guest Cancellations). When this agreement has been terminated, you are not entitled to a restoration of your account or any of your User Contributions. If your access to or use of the SABO Platform has been limited, or your SABO account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the SABO Platform through an account of another User.
Survival. Parts of these Terms of Service that by their nature survive termination, will survive termination of this agreement, including Sections 2 (Cancellations, Refunds, and Booking Modifications), 3 (Your Responsibilities and Assumption of Risk), 9 (Intellectual Property), 11.2, 12 (Copyright Infringement), 14 (Termination, Suspension and other Measures), 16 (Host Claims), 17 (Disclaimer of Warranties), 18 (Limitations on Liability), 19 (Indemnification), 25 (Dispute Resolution and Arbitration Agreement), and 26 (Miscellaneous). These terms will continue to apply even if you stop using the SABO Platform or terminate your User Account.
Changes to the Terms. SABO may modify these Terms of Service at any time. When we make material changes to these Terms of Service, we will post the revised Terms of Service on the SABO Platform and update the “Last Updated” date at the top of these Terms of Service. All changes are effective immediately when we post them, and apply to all access to and use of the SABO Platform thereafter. However, any changes to the dispute resolution provisions set out in Section 26.8 (Governing Law) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the SABO Platform. Nor will any changes to Section 2.1 (Guest Cancellations) apply to any bookings made prior to the changes. If you disagree with the revised Terms of Service, you may terminate this agreement immediately as provided in these Terms of Service. If you do not terminate your agreement before the date the revised Terms of Service become effective, your continued access to or use of the SABO Platform will constitute acceptance of the revised Terms of Service.
Changes to the Platform. We may update the content on the SABO Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the SABO Platform may be out of date at any given time, and we are under no obligation to update such material.
Host Claims. Each Guest is responsible for leaving the Property in the condition it was in when User arrived. Guest acknowledges and agrees that Guest is responsible for Guest’s own acts and omissions, as well as the acts and omissions of their Invitees. If a Host provides valid evidence that you, your Invitee(s), or your pet(s) damaged the complaining Host’s real or personal property (or real or personal property they are responsible for) including consequential damages, ( “Host Claim” ), the complaining Host can notify SABO and/or seek compensation via the SABO App. You will be notified of the Host Claim and given an opportunity to respond. If you agree to pay, or if you fail to respond to the Host Claim within ten (10) days following notification, SABO can collect the amount of the Host Claim from you. If you do respond within such ten (10) day period and dispute any Host Claim, SABO, Host and Guest will thereafter work together in good faith to resolve the dispute through mediation or such other means as specified by SABO. You agree that SABO may seek to recover from you under any insurance policies you maintain and that SABO may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information SABO requests, execute documents, and take further reasonable action, in connection with Host Claims, User complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the SABO Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SABO PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SABO PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SABO PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SABO PLATFORM IS AT YOUR OWN RISK. THE SABO PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SABO PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SABO NOR ANY PERSON ASSOCIATED WITH SABO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SABO PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SABO NOR ANYONE ASSOCIATED WITH SABO REPRESENTS OR WARRANTS THAT THE SABO PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SABO PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SABO PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SABO PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
For example: (a) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (b) we do not warrant the performance or non-interruption of the SABO Platform; and (c) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being “verified” (or similar language) indicate only that the User or Listing or SABO has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms of Service apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Limitations on Liability.
To the fullest extent provided by law, in no event will SABO, its Affiliates, or their respective licensors, service providers, employees, agents, officers, or directors 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 (a) these Terms of Service, (b) the use of or inability to use the SABO Platform, any websites linked to it, or any User Contributions, (c) any communications, interactions or meetings you may have with a Guest or Host you interact or meet with through, or as a result of, your use of the SABO Platform, or (d) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SABO has been informed of the possibility of such damage, even if a limited remedy set out in these Terms of Service is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms of Service, in no event will SABO’s collective liability for direct damages of SABO and its affiliates (and their respective licensors, service providers, employees, agents, officers, and directors) to any party (regardless of the form of actions, whether in contract, tort, or otherwise) for any claim or dispute arising out of or in connection with these Terms of Service, your interaction with any Users, or your use of or inability to use the SABO Platform, any User Contributions, or any Host Service, exceed: (a) to Guests, the amount you paid as a Guest during the twelve (12)-month period prior to the event giving rise to the liability, (b) to Hosts, the amount paid to you as a Host in the twelve (12)-month period prior to the event giving rise to the liability, or (c) to anyone else, one hundred U.S. dollars ($100.00 USD).
These limitations of liability and damages are fundamental elements of the agreement between you and SABO. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at SABO’s option), indemnify, and hold SABO, its affiliates, licensors, and service providers (as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns) harmless from and against any claims, liabilities, damages, losses, judgements, awards, and expenses, including, without limitation, reasonable accounting and attorneys’ fees, arising out of or in any way connected with: (a) your breach of these Terms of Service (including any supplemental or additional terms that apply to a product or feature), (b) your use of the SABO Platform other than as expressly authorized by these Terms of Service, (c) your interaction with any User, stay at the Lodgings, participation in an Excursion or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (d) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (e) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights, (f) your User Contributions, (g) your use of any information obtained from the SABO Platform.
Reliance on Information Posted.
The information presented on or through the SABO Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the SABO Platform, or by anyone who may be informed of any of its contents.
The SABO Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SABO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SABO. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the SABO Platform and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The SABO Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the SABO Platform.
- Send emails or other communications with certain content, or links to certain content, on the SABO Platform.
- Cause limited portions of content on the SABO Platform to be displayed or appear to be displayed on your own or certain third-party websites.
- Access your account through an account with a third party service provider (such as Facebook or Google).
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the SABO Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the SABO Platform other than the homepage.
- Otherwise take any action with respect to the materials on this SABO Platform that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in Section 10 (Content Standards) of these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions. We provide the SABO Platform for use only by persons located in the United States. We make no claims that the SABO Platform or any of its content is accessible or appropriate outside of the United States. Access to the SABO Platform may not be legal by certain persons or in certain countries. If you access the SABO Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Trademarks. You must not use the names “SABO” or “SABO Outdoors”, or any other trademarks without SABO’s prior written permission. All other names, logos, product and service names, designs, and slogans on the SABO Platform are the trademarks of their respective owners.
Dispute Resolution and Arbitration Agreement.
Please read this provision carefully. It affects your legal rights.
This Dispute Resolution, Arbitration, and Class Action Waiver provision (this “Provision” ) facilitates the prompt and efficient resolution of any Dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory, including the validity, enforceability, and scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause)) that may arise between you and the SABO. In these Terms of Service, “Dispute” has the broadest meaning allowable by law, and includes all claims against third parties (such as our licensors, suppliers, dealers, or vendors) relating to these Terms of Service and the Website whenever you also assert claims against us in the same proceeding.
This Provision provides that all Disputes between you and us will be resolved by binding arbitration. Acceptance of these Terms of Service constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or a jury.
To be clear, there is no judge or jury in arbitration and judicial review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief (including attorney’s fees) that a court is permitted to award. You may, however, opt-out of this Provision. If done, you would have the right or the opportunity to bring claims in court, before a judge or a jury, or to participate in or to be represented in a case filed in court by others (including class actions). BOTH YOU AND SABO AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Dispute Resolution.
For all Disputes, you must first give us an opportunity to resolve the Dispute. To do so, you must email the following information to email@example.com
: (a) your name, (b) your address, (c) a written description of your claim, and (d) a description of the specific relief that you are seeking. If we do not resolve the Dispute by the sixtieth (60th) day following the date on which we receive your notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in court only under the circumstances described below.
Exclusions from Arbitration and Right to Opt-Out.
Despite anything to the contrary above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the Dispute qualifies for initiation in small claims court or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THESE TERMS OF SERVICE BY THE THIRTIETH (30TH) DAY FOLLOWING THE DATE ON WHICH YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline”
). You may opt-out of mandatory arbitration as described in this Provision by emailing the following information to firstname.lastname@example.org
: (a) your name, (b) your address, and (c) a clear statement that you do not wish to resolve Disputes with us through arbitration. We promise that your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But we do have to enforce the Opt-Out Deadline. Any opt-out request received after the Opt-Out Deadline will not be valid and you will be required to pursue any Dispute in arbitration or in small claims court.
If this Provision applies and the Dispute is not resolved through the Pre-Arbitration Claim Resolution process, either you or we may initiate arbitration proceedings. The American Arbitration Association ( “AAA”
) ( www.adr.org
) or JAMS ( www.jamsadr.com
) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration and will not be a class arbitration. All issues will be for the arbitrator to decide, including the scope of this Provision. The AAA rules are available at www.adr.org
or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com
or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class or collective action procedures or rules apply to the arbitration.
Because these Terms of Service of Service and the Website concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that is available under applicable law, but the arbitrator may not award relief to, against, or for the benefit of any person or entity that is not a party to the arbitration. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested to do so by a party. Any arbitration award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or we may initiate arbitration in either Delaware or in the federal judicial district in which your physical address is located. We may transfer any arbitration to Delaware, so long as we agree to pay any additional fees or costs that the arbitrator determines you have incurred because of the transfer.
Payment of Arbitration Fees and Costs. You agree that all arbitration fees will be split equally between you and SABO. You will still be responsible for all additional expenses and costs that you incur in the arbitration, including your attorney’s fees and fees for expert witnesses.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class, collective, or consolidated proceeding (such as a class action, consolidated action, or private attorney general action), unless both you and we specifically agree to do so following the initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, collective, or consolidated proceeding without having complied with the requirements to opt-out of this Provision.
Jury Waiver. You understand and agree that by accepting this Provision, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had the right or the opportunity to bring Disputes in a court, before a judge or jury, or to participate or to be represented in a case filed in court by others (including class actions). Except as otherwise provided below, these rights are waived. Other rights that you would have if you went to court (such as the right to appellate review and to certain types of discovery) may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation. This Provision will survive the termination of your account with us or our affiliates and your discontinued use of the Website. We agree that if we make any change to this Provision (other than a change to the notice address), you may reject the change and require us to adhere to the language in this Provision if a Dispute between you and us arises.
Independent Parties. The Users and SABO are independent contractors. Each party is operating, and will continue to operate, for its own account and nothing in these Terms of Service is intended or shall be construed to authorize either party to create an employment relationship, partnership, joint venture or other relationship between the parties, or assume any liability or indebtedness of any kind in the name of or on behalf of the other party or to act for or be responsible for the performance of the other party in any manner whatsoever. Users shall conduct their business pertaining to this Agreement independently and at their own risk. Users have no authority to enter into any agreement or incur any obligation to any third party on behalf of SABO. SABO does not direct or control the provision of Host Services, and you agree that Hosts have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
No Waiver. No waiver by SABO of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SABO to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Assignment. You may not assign, transfer or delegate these Terms of Service (in whole or in part) or any of your rights and obligations hereunder without SABO's prior written consent. Any attempted assignment without that consent will have no effect. SABO may without restriction assign, transfer or delegate this agreement and any of its rights and obligations hereunder, at its sole discretion, with thirty (30) days’ prior notice.
Third-Party Services. The SABO Platform may contain links to third-party websites, applications, services or resources ( “Third-Party Services” ) that are subject to different terms and privacy practices. SABO is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Governing Law. All matters relating to the SABO Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the SABO Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Force Majeure. SABO shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (each a “Force Majeure Event” ).
Notice to Users. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement will be provided electronically and given by SABO via email, SABO Platform notification, messaging service (including SMS), or any other contact method we enable and you provide. Any legal notices to SABO will be given by certified mail, postage prepaid and return receipt requested to 204 N 4th ST, Albemarle, NC 28001.
The SABO Platform is operated by SABO Outdoors, a corporation with offices at 204 N 4th ST, Albemarle, NC 28001. All notices of copyright infringement claims under Section 12 (Copyright Infringement) of these Terms of Service should be sent to SABO’s Designated Copyright Agent at email@example.com
. Any other legal notices to SABO will be given by certified mail, postage prepaid and return receipt requested to 204 N 4th ST, Albemarle, NC 28001.
All other feedback, comments, requests for technical support, and other communications relating to the SABO Platform should be directed to: firstname.lastname@example.org
Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Language, Interpretation, Currency. These Terms of Service are executed in English only. Any translation of these Terms of Service into another language will be for reference only and without legal effect. Unless otherwise stated, “including” and “e.g.” are not exclusive or limiting (and will be deemed followed by “without limitation”); “days” refers to calendar days, including Saturdays, Sundays and holidays; dollar amounts and the symbol “$” refer to United States dollars; Section and other headings are for ease of reference only and are not to be used to interpret the meaning of any provision.