PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT (SEE SECTION 16 BELOW) AND IT AFFECTS YOUR RIGHTS AND THE RIGHTS OF EARTHCRUISER USA LLC, INCLUDING THE RIGHT TO SUE IN COURT OR JOIN A CLASS ACTION.
This Reservation Agreement (these “Terms” or “Agreement”) governs the submission of a reservation (“Reservation”) with EarthCruiser USA LLC, an Oregon limited liability company (“ECUSA” or “we” or “us”) for EarthCruiser’s slide-in camper. Please read all of these Terms carefully before submitting your Reservation. By submitting your Reservation, you agree to be legally bound by these Terms.
- No Obligations. Your Reservation acts as a deposit for future purchase of the Camper. You are under no obligation to purchase a Camper from us, and we are under no obligation to supply you with a Camper.
These Terms do not constitute an agreement for the sale of a Camper and do not lock in pricing, a firm production slot, a firm delivery date, or specific Camper configuration. One reason for this reservation program is to gauge customer interest in the Camper. ECUSA is under no obligation to develop and sell the Camper.
To complete the purchase of the slide in camper, you will need to execute ECUSA’s standard Final Sales Agreement which will include the terms and conditions of the sale, including the specifications and final price for the Camper you select. Additional payment for your Camper, including shipping fees, and taxes and other governmental fees, will be required at that time.
We may decline Reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your Reservation is declined, you will be notified and your Reservation Fee (defined below) will be refunded.
- Reservation Eligibility: Age and Residency; Entity Preorders. You must be at least 18 years of age and may not be a resident of Australia to make a Reservation. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and are not a resident of Australia. If you are Reserving a Camper on behalf of a business or other type of entity (an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
- Registration: By making a Reservation, you represent and warrant that all information provided is accurate, and acknowledge that it is your responsibility to keep this information current at all times by emailing [email protected]. ECUSA will not be liable for inaccurate or outdated information.
- You will be charged the fee stated in the Reservation application (the “Reservation Fee”) when you complete the application process. Making a Reservation constitutes your express agreement to be charged the Reservation Fee using your provided payment method. If you execute a Final Sale Agreement, the Reservation Fee will be applied by ECUSA toward the price of your Camper in accordance with the terms of the Final Sale Agreement.
- No Guarantee of Production or Delivery Date. You are Reserving a Camper without specifying any features or options. We will endeavor to produce your Camper in the future and your priority will be set by the date of payment of your Reservation Fee, our manufacturing schedule, our delivery and service operations availability and execution of the Final Sales Agreement. There is no guarantee as to delivery date based on your Reservation.
- Cancellation/Refund. You may cancel your Reservation and receive a full refund of your Reservation Fee at any time by sending an email to [email protected] from the address you used to make the Reservation or an updated address you have added to your ECUSA account by contacting [email protected]. You will receive your refund within approximately 30 days. ECUSA promotional items, if any, received at the time of Reservation are yours to keep even after cancellation. ECUSA may cancel your Reservation at any time and will issue a full refund of your Reservation Fee to the address on file.
- Camper Configuration. You understand that we have not completed the development of the Camper or begun manufacturing the Camper at the time of your Reservation and specifications are subject to change at any time. You understand that the features available for the Camper have not yet been determined and may change, even after features are announced. By agreeing to these Terms, you represent and warrant to us that you understand that the Camper configuration may change prior to execution of any Final Sales Agreement.
- If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.
- This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by ECUSA.
- No Waivers. The failure by ECUSA 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 right or provision will be effective only if in writing and signed by a duly authorized representative of ECUSA.
- You may not assign your rights under these Terms without our express prior consent. ECUSA may assign these Terms or your Reservation Fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
- No Resellers; Discontinuation; Cancellation. ECUSA and its affiliates may unilaterally cancel any order that we believe has been made with the intent to resell the Camper or otherwise has been made in bad faith. ECUSA may also cancel your order if the Camper (or any feature thereof) is discontinued after you place your order.
- Limitation of Liability; No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ECUSA OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ECUSA’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE RESERVATION FEE YOU PAID TO ECUSA PURSUANT TO THIS AGREEMENT.
- Arbitration; Waiver of Jury Trial; Waiver of Class Action.
- Any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this Agreement (including this arbitration agreement), shall be resolved by arbitration in Bend, Oregon in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc. (“ASP”), and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The parties agree to a single arbitrator. The parties acknowledge that mediation helps parties settle their dispute and any party may propose mediation whenever appropriate through ASP or any mediator selected by the parties.
- Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
- Waiver of Class Action. The parties agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ECUSA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR ECUSA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this class action waiver provision to be unenforceable as to a particular class or representative action, then this entire Section 16 shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration.
- Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-laws principles.
- Text Messages, Notifications, and Telephone Calls. By agreeing to this Agreement, you understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge.
- Entire Agreement. Your Reservation confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
- Printed Agreement. A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.