Three Bears RV Park, Cabins, & Storage, Inc., a Montana corporation (hereafter “us” “we” “our” or the “park”) is a recreational park offering accommodations suited for recreational vehicles and its inhabitants, such as electricity, water, sewer, WiFi internet, and other amenities, hereafter referred to as “Services.” Three Bears RV Park, Cabins, & Storage, Inc. d/b/a Three Bears RV Park and LLC Cummings, Inc., hereafter referred to as “Reservation Partner’s” offer online reservations. We do not offer landlord-tenant relationships in allotted spaces known as recreational vehicle sites and/or campsites. The Terms of Service (the “Agreement”) and the policies that are derived from it bind you, your accompanying guests, or the entity you represent (hereafter “you” or “your”) to the terms and conditions set forth herein when you use or access http://threebearsrvpark.com (the “Website”), access our Reservation Partner’s website or utilize the Park’s Services. If you wish to use the Website and our Services, you must read, comply with, and agree to be bound by the terms of this Agreement. If you wish to use our online reservation system, you must read, comply with, and agree to be bound by the Reservation Partner’s specific agreements. If you object to anything in this Agreement, do not use the Website or our Services nor our Reservation Partner’s Website.
I. Acceptance of Terms of Service Agreement
This agreement is an electronic contract that sets out the legally binding terms of your use of our Website and Services, whether or not you make a reservation or attend the Park. This Agreement includes any further terms of service for our Website and Services, which are incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting within our Services. Certain parts of our Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of or within our Website and Services, the latter terms and conditions will take precedence with respect to your use of or access to the specific Service, but this Agreement shall still apply to our legal relationship. You have the right to receive this Agreement in non-electronic form, either before or after you electronically sign the Agreement, by sending a written request and self-addressed stamped envelope to: Three Bears RV Park, Cabins, & Storage, Inc., 17 Shady Lane, Kalispell, MT 59901.
II. How our Services Work
You may, and we recommend that you, make a reservation for our Services. You may make reservations by phone, email, or through our Website. No reservation made by email or through our Website will be considered confirmed until you receive a response from the Park. A deposit of up to the full reservation amount may be required to guarantee your reservation. Full payment of Services is expected upon arrival at the Park. A credit card is required to guarantee your reservation; no checks. The Park reserves the right to retain all funds paid in advance for reservations in the event of cancellation. We will make the best effort to accommodate specific requests made in your reservation but cannot guarantee we will accommodate your requests. Your reservation, once confirmed, guarantees an available space at, and no earlier than, your specified check-in time on the arrival date of your reservation, unless other agreements are made. Reservations are not transferrable. No change in reservations without prior notice. Special terms and conditions may apply for certain days or times of year, such as a minimum day length.
Your attendance at the Park is voluntary and is permitted while this Agreement and all Park rules and policies are adhered to. In the event of a breach of this Agreement of any of the Park rules of policies, you agree that you will comply with any request to leave the Park premises, and by accepting this Agreement, acknowledge the Park does not guarantee a refund in such circumstances. Your occupation of a space is guaranteed up until, and no later than, check-out time, unless other agreements are made. If you use Services beyond that with which have already been paid, you acknowledge and agree by accepting this Agreement, that the Park will charge your payment method for any additional use of Services beyond that already paid for.
The Park offers Services that require payment prior to use. Your use of the Services is only with our permission, which can be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized use of our Services may be referred for criminal prosecution for theft of Services pursuant to Montana Law. We do not guarantee support for, or compatibility with, you or your vehicles with respect to our Services and your utilization of them. The Services offered by the Park as described on the Website are provided “as is” , without any warranties of any kind and, to the fullest extent permissible by law, we hereby disclaim warranties, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of a Service, or availability.
D. Park Property
When you enter the property or premises of the Park, you acknowledge that it is privately owned and that you are accepting the privilege of the Park Services with the understanding that you hereby release the Park, its owners, and employees, of any liability for loss or damage to property and/or personal injury while on the Park property, using Park Services, or using personal property on Park property or with Park Services, and you agree to defend, indemnify and hold harmless the Park, its owners, officers, appointed managers, employees, agents, directors, affiliates and volunteers from and against claims resulting from loss or damage to property or injury to you, any member of your family, or any of your accompanied guests, while on the Park property, using Park Services, or using personal property on Park property or with Park Services.
You may cancel your reservations at any time, but by accepting this Agreement, you acknowledge and agree that cancelling your reservation may incur fees up to the entire pre-paid amount of the reservation. Any refund due to cancellation is at the sole discretion of the Park. Your acceptance of this Agreement requires that you acknowledge and agree with all Park policies regarding cancellations.
II. Acts Beyond Our Control
We do our best to ensure everyone has a good experience while using our Services. However, there are some things that are beyond our control. These include, but are not limited to: mandated changes of the State of Montana, work schedule changes, illness, personal injury, mechanical breakdown, wind and blowing sand, airborne dust particles, snow, rain and lightning, extreme heat, extreme cold, infestations of natural pets including flies, fire ants, “bugs” , snakes, spiders, scorpions, and otherwise common insects or animals. Under these circumstances, the Park reserves the right to restrict Services by terminating some or all, or initiating policy changes to ensure public safety and to protect the enjoyment of users using our Services, while also reserving the right to retain all paid fees for Services. It is the sole discretion of the Park to issue refunds in such circumstances.
This Agreement will remain in full force and effect while you use our Services and/or our Website. You may stop your use of our Services at any time, for any reason, by discontinuing use of our Services and removing all personal property from the premises of the Park. We may terminate your use of our Services, or a subscription to our Services, at any time through notice to your email address on file. If we terminate your use of our Services because you have breached this Agreement, you will not be entitled to any refund of unused Service fees. All decisions regarding the termination of rendered Services shall be made in our sole discretion. We are not required to provide you notice prior to terminating your use of our Services, unless otherwise required by law. We are not required, and may be prohibited, from disclosing a reason for the termination of your use of our Services. After the termination of Services, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
IV. Code of Conduct
While using our Website or Services, you agree not to:
A. Restrict or inhibit any other visitor or user from using our Services, including, without limitation, by means of “hacking” or “cracking” or damaging any portion of our Services;
B. Use our Services for any unlawful purpose;
C. Express or imply that any statements you make are endorsed by us, without our prior written consent;
D. Transmit or share while using our Website or Services (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
E. Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
F. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
G. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or software that manages our Services;
H. Harvest or collect information about Website visitors without their express consent;
I. Permit anyone else whose use of our Website or Services was terminated, to use our Website through your username or password, or our Services through your permission;
J. Engage in commercial activities and/or sales without our prior written consent including contests, sweepstakes, barter, advertising, and pyramid schemes;
K. Violate any Park rules or policies posted on the Website or on Park premises, while using the Website or our Services; or
L. Be disruptive to other users of our Website and Services.
II. Account Security
You are responsible for maintaining the confidentiality of your username and password which allow authorization to access, use, and manage your information on the Website or our Reservation Partner’s website. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions taken by users utilizing your credentials, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public to shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to our Website.
III. Our Limitation of Liability
In no event shall that Park and/or its owners, officers, appointed managers, employees, agents, directors, affiliates be liable to you or any third person for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary, and/or incidental, including lost profits, arising out of or relating to any act or omissions of you, the Park and/or its owners, officers, appointed managers, employees, agents, directors, affiliates and volunteers, our third party investigative service, or anyone else in connection with the use of our Services or the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from the use of our Services, the possession and/or use of your personal property while on Park premises, from other users of our Services or their possession and/or use of their personal property, or otherwise.
IV. Modification and Availability of Services
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be made in person while you are using Services on the Park premises, sent via email to your email address on file, or on the Website.
In the event that you have a dispute with one or more users of our Services or any third party service or website that may be linked to or form or otherwise interact with our Services, including without limitation any social media site, you hereby agree to release, remise and forever discharge the Park and our respective owners, officers, appointed managers, employees, agents, directors, affiliates, volunteers, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Website and our Services.
A. You hereby agree to indemnify, defend and hold the Park and our respective owners, officers, appointed managers, employees, agents, directors, affiliates, volunteers, and all other related persons or entities (collectively, the “indemnified parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Website, our Services or otherwise relating to the business we conduct (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any use of any Services or service provided by a third party provider, any use of a tool or services offered by us that interacts with a third party website, including without limitation, any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and shall not in any event settle any matter without our written consent. This section survives termination of this agreement.
If either party does not enforce any right or remedy available under this Agreement, that failure is not waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement, shall survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns. If you are a Montana resident, in accordance with Montana law, you may report complaints to the Montana Office of Consumer Protection by contacting them in writing at P.O. Box 200151, Helena, MT 59620 or by telephone at (406) 444-4500 or (800) 481-6896.
Please contact us at (406) 752-4008 with any questions regarding this Agreement.
Last Updated: This Agreement was last updated on October 28, 2019.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.