Pet Policy

6.               ANIMALS AND PETS

6.1.          Approval. Pets may be brought into the Resort subject to preapproval by the Resort. All pets must be neutered or spayed, and the pet must have received all required vaccinations and inoculations before entry into the Resort. The Resort reserves the right to restrict certain breeds, or require the removal of individual animals that have displayed aggressive tendencies. The Resort also reserves the right to demand proof of compliance with this section.

6.2.          Criteria. Any pet must be a true household pet. No agricultural or wild animals, poisonous creatures, exotic creatures, snakes, iguanas, scorpions, spiders, pigs (miniature or full sized), horses, ferrets, or other animals that are not considered ordinary household pets are permitted in the Resort. Feeding or hosting of stray or wild animals is prohibited.

6.3.          Liability. Residents shall be liable for and shall defend, indemnify, and hold harmless the Resort, its affiliates, directors, employees, agents, and assigns from all personal injury or property damage caused by pets or other animals kept or fed in the Resort.

6.4.          Additional Restrictions. Pets may not be tied or chained outside without owner present and also outside. Pets are prohibited from the Resort's office and from other Resort buildings. No outside dog houses, dog runs, cages, or other containers of any kind for the retention of pets will be permitted on a Site. All dogs and cats must be kept on a hand-held leash when outside of Resident's recreational vehicle, unless contained within the dog park, according to local law; and must be accompanied by the Resident at all times. All droppings and pet waste must be immediately picked up and properly disposed of; this responsibility includes waste within the dog park area. Residents shall be subject to a clean-up fee for failing to immediately pick up and properly dispose of all droppings and pet waste. All pets must wear a collar with valid and current tags and identify the Resident, including its address and contact information. The Resort may require the removal of excessively noisy or aggressive pets.

Cancellation Policy

For reservations of less than three month duration, 48 hour cancelation is required for full refund. After 48 hours, it is nonrefundable.
For reservations of three months or more, a $400 deposit is required to hold the spot. First month rent is due before arrival. Deposit is fully refundable if duration commitment is met and lot is left in condition it was in upon arrival.

System Terms

TERMS AND CONDITIONS OF USE OF INDIOAPP®

Last Update: November 1, 2024

• Agreement Between User and Enterstate

By using IndioApp, you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Notice, which also governs your use of IndioApp, and is incorporated by reference (these Terms and Conditions with the Privacy Policy shall be referred to as the "Terms"). Please read these Terms carefully.

IndioApp is operated by Enterstate LLC, a California limited liability company.  Unless otherwise specified, the entity controlling IndioApp is referred to herein as "Enterstate", "we", "us" or "our".  The term "you" refers to the user visiting or requesting a reservation on IndioApp, and/or seeking assistance from our customer service agents.  You should read through all the Terms carefully.  The Terms constitute a legally binding agreement between you and us.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT USE INDIOAPP.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ENTERSTATE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

• General Use

Site Overview.  We offer a platform that enables you to book accommodations at RV resorts, campgrounds and other vendors and partners (the "Parks").  You acknowledge that Enterstate has the right, but does not have any obligation, to monitor the use of IndioApp and verify information provided by the Parks.  For example, we may review, disable access to, remove, or edit content to: (a) operate, secure and improve IndioApp (including for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure users' compliance with these Terms; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) address content that we determine is harmful or objectionable; (e) take actions set out in these Terms; and (f) maintain and enforce any quality or eligibility criteria.

Eligibility.  IndioApp is not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use IndioApp.  By accessing and/or using IndioApp, you represent and warrant that you are at least eighteen (18) years of age.  No one under the age of eighteen (18) may use IndioApp, or provide any information on IndioApp or to us.  The Children's Online Privacy Protection Act requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13).  Enterstate does not knowingly collect or solicit information from children under the age of thirteen (13).  If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information.  If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at hello@getindio.com.

Searchable Features.  IndioApp provides ways for you to find accommodations at various Parks.  You can search IndioApp using criteria like the type of property, travel dates, and destination.  Search results are based on their relevance to your search and other applicable criteria.  However, we do not guarantee that you will be able to match your specific needs with any third party found through the Site, or that such third parties are able or willing to complete your request.

No Guarantees or Endorsements.  We make no guarantees, warranties or representations regarding the Parks listed on IndioApp.  We do not endorse or recommend the services of any particular Park.  We do not independently verify their representations about their property, nor validate any reviews.  It is entirely up to you to evaluate their qualifications, and to enter into an agreement with them, and we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of IndioApp.

Booking.  When you make a reservation, you agree to pay all the fees and/or stated charges related to your reservation, including without limitation, service fees and/or taxes.  When you make a reservation, you are forming an agreement directly with the applicable Park.  Any specific rules, regulations, and policies ("Rules") identified in the listing or during the checkout form a part of your agreement with the Park.  You are responsible for confirming that you, and anyone you invite, meet and comply with the Rules.  You are responsible for providing the Park with any information that may impact your ability to use the Park.

Cancellation; Modification.  In general, if you cancel a reservation, the amount refunded to you is determined by the applicable Park’s cancellation policy that applies to your reservation.  Any additional service fee charged to you may be refunded pursuant to the cancellation policy presented in the applicable listing.  Both you and each Park are responsible for any modifications made to your reservation, and you agree to pay any applicable fees related to such reservation modification.

Payment.  Your payment is processed by the applicable Park.  You acknowledge and agree that you will be liable for all fines, chargebacks, refunds and other expenses incurred in the enforcement of any third-party provider agreements and further agree to reimburse us and/or the relevant Park(s), as applicable, for any and all fines, chargebacks, refunds and other expenses incurred related thereto.

Use of Services and Availability.  Use of IndioApp is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable.  We retain the right, in our sole and absolute discretion, to deny service and/or access to and/or use of IndioApp to anyone at any time and for any reason without liability.  While we use reasonable efforts to keep IndioApp accessible, it may be unavailable from time to time.  You understand and agree that there may be interruptions to IndioApp and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control, for which we will bear no responsibility.

Errors, Inaccuracies, Omissions and Performance.  Occasionally there may be information on IndioApp that contains typographical errors, inaccuracies, and/or omissions that may relate to services, estimates, rates, costs, local customs, contact information, address, and events.  We reserve the right to: (a) correct any errors, inaccuracies, and/or omissions; and/or (b) make changes to content, descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.

User Verification.  We may, in our sole discretion, verify a user's identity prior to allowing such user to access and/or use IndioApp.  We may, without liability, refuse to process any booking, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or these Terms.  You understand that IndioApp acts only as a platform that provides users with the ability to search and book Park accommodations.  We do not verify the information and/or the qualifications of organizations, vendors, and/or other users of IndioApp, nor do we evaluate or control in any ongoing manner exchanges between users.  Any reviews, opinions or statements expressed by a user are of those of the user alone, are not to be attributed to us and we do not take on any liability related thereto.  We cannot and do not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user on and/or in relation to IndioApp.

• Proprietary Rights and Limited License to Use IndioApp

Ownership.  IndioApp, any content and/or service on IndioApp and the infrastructure used to provide IndioApp are proprietary to us, our affiliates, and/or our licensors.  By using IndioApp and accepting these Terms, Enterstate grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use IndioApp for the purpose of browsing its content, inquiring about and/or purchasing any of the products or services offered, participating in an interactive area hosted on IndioApp, or for any other purpose clearly stated on IndioApp, all in accordance with the Terms and any additional terms and policies set forth by us.  Neither these Terms nor your use of IndioApp conveys and/or grants to you any rights: (a) in or related to IndioApp except for as expressly set forth herein; and (b) to use or reference in any manner our names, logos, product and service names, trademarks or services marks or those of our licensors.

Reservation of Rights.  The materials, headers, videos, illustrations, photographs, graphics and/or any other content on IndioApp, as well as the organization and layout of IndioApp, are copyrighted and are protected by United States and international copyright laws and treaty provisions.  Subject to the limited rights expressly granted hereunder, Enterstate and/or its third-party providers reserve all right, title and interest in and to IndioApp and content, including all related worldwide intellectual property rights.  No rights are granted to you hereunder other than as expressly set forth herein.

Materials Provided to Us or Posted on IndioApp.  Please carefully choose the information that you post on, through and/or in connection with IndioApp.  You may provide, post and/or upload photographs, images, advice, content, information (including personally identifiable information), video, audio, sounds, descriptions, comments, reviews, responses, posts, messages, receipts, and/or any other material ("User Content") submitted or transmitted through IndioApp and/or communication facilities that may be offered on, through and/or in connection with IndioApp from time to time.  You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, and/or reliability.  You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in these Terms.  You hereby grant Enterstate, its affiliated companies, third-party service providers and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use, copy, distribute, transmit, publicly display, reproduce, edit, and/or reformat the User Content in order to provide IndioApp and related products and/or services.  You further hereby irrevocably grant the Parks and other users the right to access and/or use User Content in connection with their use of IndioApp in accordance with these Terms.  You shall not imply that User Content is in any way sponsored and/or endorsed by us.

Feedback.  If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests and/or other feedback provided by you or others relating to IndioApp ("Feedback"), then you will own this material; however, you grant to Enterstate a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material.  We have no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

• Modification of These Terms of Use

We reserve the right to change the terms, conditions, and notices under which IndioApp is offered, including but not limited to the charges associated with the use of IndioApp.  If we make changes and/or modifications that affect your access to and/or use of IndioApp, we will provide a notice of such changes only by posting the updated Terms on IndioApp and we will change the "last updated" date set forth above.  We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances.  Your use of IndioApp following any changes and/or modifications will constitute your acceptance of such changes and/or modifications.  If you do not agree with the changes and/or modifications, you shall not use the Site after the effective date of the changes.  Please revisit these Terms regularly to ensure that you stay informed of any changes.

• Your E-mail Address and Data; Communications; Our Privacy Policy; Data Transmittal

Account.  You may establish an account through IndioApp.  Your account may require you to provide contact information and other forms of authentication as determined by us in our sole and absolute discretion.  You agree to maintain the confidentiality of your logon, ID, and password information, and you are responsible and liable for all transactions and activities related to your account.  When setting up an account, you are required to (a) abide by all applicable laws, rules, and regulations, as well as indicate agreement to these Terms, (b) provide contact information, and (c) submit any other form of authentication required during the enrollment process, as determined by us in our sole and absolute discretion.  If you establish an account with us, you agree to provide true, accurate and current information in connection with your account.  You are responsible for updating and correcting information you have submitted to create and/or maintain your account.  You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using IndioApp.  We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by us in our sole and absolute discretion.  You understand and agree that we shall have no responsibility for any incident arising out of, or related to, your account settings and/or authorized users within your account.  Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person.  If you violate any of these limitations and/or these Terms, we may terminate your account immediately.

Privacy; Email Communication.  When you provide your e-mail address, name or other information to us in connection with your use or access to IndioApp, any service or tool provided on IndioApp or otherwise, you agree to allow IndioApp and its affiliated websites to add your e-mail address, name or other information provided to our database of users.  You may receive one or more promotional e-mails or physical mailings from us.  You are welcome to opt not to receive such promotional materials from IndioApp at any time.  Please review our Privacy Policy for more information regarding our data collection practices and safeguards, and how to opt not to receive such emails.

When accessing and/or using the Site, you are communicating with us electronically, and consent to receive communications from us electronically.  We will communicate with you by posting notices on IndioApp or by email if you provide your email address to us.  You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

• SMS, Data Charges and Mobile Phones

SMS Text Service.  You authorize Enterstate and its affiliates, vendors and/or partners to send calls or text messages, including messages that may originate from an automatic dialer to the mobile phone number provided.  Through this program you will receive communications on your mobile device. By opting in for text messaging service, you, the user, agree to these Terms as well as our Privacy Policy as it pertains to specific usage of text messaging service.  You are not required to consent to receive marketing messages or required to agree to the receipt of such messages as a condition of reserving any property and/or purchasing any goods or services.  You may revoke your consent to receive SMS messages at any time by replying "STOP".  Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence.  We do not charge for any content.  However, downloadable content may incur additional charges from your cell phone provider.  Please contact your wireless carrier for information about your messaging plan.  Your carrier may impose message or charge limitations on your account that are outside our control.  All carrier charges are billed by and payable to your mobile service provider.  Message and data rates may apply.  By subscribing, you consent to receiving both transactional and promotional messages using automated technology.  You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.  We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device.  SMS message services are provided on an AS IS, AS AVAILABLE basis.

Data Charges.  Data obtained from you in connection with this SMS service only include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide.  We may use this information to contact you and to provide the services or programs you request from us, and to otherwise operate, develop and improve the service.  Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies.  We will only use information you provide to the service to transmit your text message or as otherwise described in these Terms.  Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request.  When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.

• Links to Third Party Sites

IndioApp may contain advertisements and/or links to other websites ("Linked Sites").  The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are not responsible for webcasting or any other form of transmission received from any Linked Site.  We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.  We are not responsible for the contents, availability, or policies of any website or application accessed via a Linked Site, and have made no attempt to verify any information contained at such Linked Sites.  Furthermore, we are not a party to or responsible for any access, use or transactions you may engage in with third parties at such Linked Sites (including without limitation the purchase of third-party products and/or services), even if you learn of such parties from us.  If you click on Linked Sites, you do so at your own risk and you acknowledge and agree that we are not liable for any claims and/or damages related thereto.  We encourage you to be aware when leaving IndioApp and to read the terms and conditions and privacy notice of each Linked Site that you visit.  We reserve the right to terminate any Linked Site at any time in our sole and absolute discretion.  We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites, as well as any products and/or services purchased through such Linked Sites.

• No Unlawful or Prohibited Use

As a condition of your use of IndioApp, you warrant to us that you will not use IndioApp for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use IndioApp in any manner which could damage, disable, overburden, or impair IndioApp or interfere with any other party's use and enjoyment of it.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through IndioApp.

• User Safety; Use of Communication Services; Prohibited Conduct

User Safety and Communication.  We encourage safe communication and interaction through IndioApp.  IndioApp may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.  Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you download the materials. We have no obligation to monitor the Communication Services.  However, we reserve the right to review materials posted to a Communication Service and/or to remove any materials in its sole discretion.  Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.  We may terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Personal Information Shared.  You should exercise your best judgment when posting or sharing your personal information on the internet.  Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized Enterstate spokespersons, and their views do not necessarily reflect ours.

Prohibited Conduct.  You agree you that when you use IndioApp, including the Communication Service, you will not do or permit any of the following.

:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• upload or post anything that contains software viruses, worms, corrupted files, or any other harmful code, software or programs that may damage the operation of another's computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• restrict or inhibit any other user from using and enjoying the Communication Services;
• violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• create a false identity on IndioApp, misrepresent your identity, create an account for anyone other than yourself (a real person), or use or attempt to use another's account;
• develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape IndioApp or otherwise copy or data from IndioApp;
• override any security feature or bypass or circumvent any access controls or use limits of IndioApp;
• copy, use, disclose or distribute any information obtained from IndioApp, whether directly or through third parties (such as search engines), without our consent;
• disclose information that you do not have the express consent to disclose such as confidential information of others;
• violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
• violate our intellectual property or other rights, including, without limitation, (a) copying or distributing our technology, unless it is released under open source licenses; and/or (b) using our trademarks in any business name, email, coding or URL or script;
• copy any Enterstate API for use elsewhere or reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code from IndioApp or any related technology that is not open source;
• imply or state that you are affiliated with or endorsed by us without our express consent;
• rent, lease, loan, trade, sell/re-sell or otherwise use, even if not monetized, data or content from or through IndioApp or the services provided on IndioApp, without our express written consent;
• use bots or other automated methods to access IndioApp or the services provided on IndioApp, add or download data or other information or send or redirect messages;
• monitor IndioApp 's availability, performance or functionality for any competitive purpose;
• engage in "framing", "mirroring", or otherwise simulating the appearance or function of IndioApp or the services provided on IndioApp.
• overlay or otherwise modify the services provided on IndioApp or their appearance (such as by inserting elements into the services provided on the Site or removing, covering, or obscuring an advertisement related to the services provided on IndioApp); or
• violate any applicable laws or regulations.
• Release; Indemnification

In addition to your recognizing that Enterstate is not a party to any contract between users, you hereby release us, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity that exist as of the time you enter or otherwise agree to these Terms.  This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the products and/or services provided to user and/or Enterstate and requests for refunds based upon disputes.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

This release will not apply to a claim that we failed to meet our obligations under these Terms.

You agree to indemnify, defend and hold us and our affiliates, partners, officers, directors, employees, representatives, third-party service providers and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorneys' fees) arising out of and/or in relation to: (a) your use, misuse and/or abuse of IndioApp; (b) your User Content (including without limitation claims related to intellectual property infringement); (c) any use of IndioApp in breach of these Terms; (d) your violation of any law and/or the rights of a third party; and/or (e) fraud you commit and/or your intentional misconduct and/or negligence.

• Liability; Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH INDIOAPP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  ENTERSTATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO INDIOAPP AT ANY TIME. ADVICE RECEIVED VIA INDIOAPP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ENTERSTATE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON INDIOAPP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  ENTERSTATE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTERSTATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF INDIOAPP, WITH THE DELAY OR INABILITY TO USE INDIOAPP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH INDIOAPP, OR OTHERWISE ARISING OUT OF THE USE OF INDIOAPP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENTERSTATE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF INDIOAPP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING INDIOAPP.

• Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to IndioApp and the related services or any portion thereof at any time, without notice.  Upon termination, you agree to immediately discontinue use of IndioApp and/or related services that were promoted through IndioApp, and must provide a certified statement indicating compliance with this provision upon our request.  If you violate, or if we have grounds to suspect that you violated, these Terms and/or other use parameters included on IndioApp, we reserve the right to suspend and/or terminate your access and/or account, and/or refuse your use of IndioApp (or any portion thereof) at any time.

• Use Outside Defined Area

Please be aware that IndioApp is subject to United States laws, including laws governing privacy and security of your information.  It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of IndioApp and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations.  If this applies to you, you are not authorized to access or use any of the information on IndioApp.  Those who choose to access IndioApp from other locations do so at their own risk and are responsible for compliance with applicable local laws.  These Terms are written in English.  To the extent any translated version of these Terms conflicts with the English version, the English version controls.  In the event you are using IndioApp outside of the United States, you agree as follows: (a) you consent to having your personal data transferred to and processed in the United States; (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals', you will not engage in commercial activities on IndioApp (such as advertising or payments); and/or (c) you will not use IndioApp if you are prohibited from receiving products, services or software originating from the United States.

• Disputes/Arbitration

Our right to amend these Terms, in whole or in part, at any time as set forth above does not apply to this "Disputes/Arbitration" section.  The version of this "Disputes/Arbitration" section in effect on the date you last accepted the Terms prevails.

Disputes.  We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns.  But if we are unsuccessful, you may pursue claims as explained in this section.  You agree to give us an opportunity to resolve any disputes or claims relating in any way to IndioApp, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy by contacting Enterstate Customer Support via email at hello@getindio.com.  If we are not able to resolve your dispute within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Opt-Out.  You can opt-out and decline this agreement to arbitrate by contacting us within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these Terms).  You must write us at hello@getindio.coms If you opt out, neither you nor Enterstate can require the other to participate in an arbitration proceeding.

Arbitration Procedures.  ****Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Enterstate confidential information and/or intellectual property rights, or except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt-out of arbitration as described above, any and all other disputes or claims will be resolved by binding arbitration, rather than in court.  This includes any disputes or claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).  This also includes any disputes or claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys' fees and costs), and must follow and enforce these Terms as a court would.

All information relating to and/or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information.  Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the "AAA Rules").  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.  By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.  Prior to beginning an arbitration proceeding, you must send a letter describing your disputes or claims to hello@getindio.com.  If we request arbitration against you, we will give you notice at the email address or street address you have provided.  The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

Any and all proceedings to resolve disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a dispute or claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  The Federal Arbitration Act and federal arbitration law apply to these Terms.  An arbitration decision may be confirmed by any court with competent jurisdiction.

Exceptions to Agreement to Arbitrate.  Notwithstanding anything herein to the contrary, either you and/or Enterstate may assert claims, if it qualifies, in small claims court in Orange County, California, and Enterstate may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of IndioApp, breach of Enterstate’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

Judicial Forum for Disputes.  In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Enterstate agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Orange County, California. Both you and Enterstate consent to the foregoing venue and jurisdiction.

• California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about us must be sent to our agent for notice to hello@getindio.com.  California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

• Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Enterstate as a result of these Terms or use of IndioApp.  Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of IndioApp or information provided to or gathered by us with respect to such use.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.  Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Enterstate with respect to IndioApp and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Enterstate with respect to IndioApp.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that these Terms and all related documents be drawn up in English.

• Additional Terms and Conditions Applicable to Online Booking

In addition to being bound by the other terms set forth herein, users and members who use online reservations or any other tool provided by us or a third-party provider on IndioApp enabling users to book the rental of properties online on one or more of the Parks (collectively, the "Reservation Services") are also bound by the terms set forth in the applicable booking, which are in addition to any other terms applicable in connection with using IndioApp.  In addition, if such Reservation Services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers.  Please review these Terms and the terms and conditions of any third-party provider carefully.  If you do not agree to these or such third-party provider's terms, you have no right to obtain information from or otherwise continue using our Reservation Services.  Failure to use our Reservation Services in accordance with these Terms may subject you to severe civil and criminal penalties and other liability.

• Copyright and Trademark Notices

All contents of IndioApp are: © 2020-2022 Enterstate.  All Rights Reserved.

• Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  Any rights not expressly granted herein are reserved.

• Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to us at hello@getindio.com.

Terms and Conditions

RULES AND REGULATIONS

Sebring Grove RV Resort

4105 US Hwy 27 S

Sebring, FL 33870

1.    DEFINITIONS

1.1. Reason — shall mean Sebring Grove RV Resort, a 55+ recreational vehicle resort and residential community located in Avon Park, Florida, including all real and personal property (excluding personal property owned by residents) therein, and any employees, managers, and agents authorized by ownership to manage, operate, and maintain the Resort.
1.2. Rental Agreement — shall mean the recreational vehicle / park model site rental agreement executed between the Resort and Resident(s) for the use and occupancy of a recreational vehicle / park model site or dwelling unit in the Resort. The duration of a Rental Agreement term may vary.
1.3. Resident — shall mean a person entitled under a Rental Agreement to use and occupy a recreational vehicle Site within the Resort to the exclusion of others. For purposes of these Rules, the term "Resident" shall include any of the following categories: Short-term, long-term, transient, and non-transient resort guests.
1.4. Recreational Vehicle — shall broadly encompass any recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, including but not limited to a recreational vehicle, park model, travel trailer, fifth-wheel, van, or motor home, and the term "Recreational Vehicle" shall be inclusive of units owned by either a Resident or the Resort.
1.5. Site — shall mean the designated space intended for the placement of a Recreational Vehicle and leased pursuant to a Rental Agreement.

2.    RESIDENCY AND GUESTS

2.1.    Application and Approval. Any person applying for admittance as a Resident of the Resort must fill out an application for residency and be screened by the Resort. All prospective residents must be approved by Resort and must sign a written Rental Agreement prior to moving into a recreational vehicle in the Resort or bringing a recreational vehicle onto the premises. The Resort reserves the right to: (i) refuse residency to anyone who purchases or otherwise receives title to a recreational vehicle unless approved pursuant to Section. 2. l; (ii) refuse to accept further site rental amount payments and terminate the Rental Agreement; and, (iii) refuse residency to any applicant for any reason not prohibited by law. The Resort may refuse accommodations to any person who violates any of these Rules and Regulations of the Resort, as amended.
2.2.    Compliance with Rules and Regulations. The Resident, including their approved occupants and guests, shall abide by all terms in the Rental Agreement and these Rules and Regulations. By way of a guest or approved occupant being physically in Resort, the Resort may assume that the Resident has duly informed said person of the contents of these Rules and Regulations, and expressly consents to allow the Resort to enforce the same against the Resident and/or its guests or approved occupants, as applicable under the State and federal laws. Residents may provide written concerns and complaints to the resort regarding the violation of any of these rules by other individuals on the premises, and such complaints shall be considered as evidence such violation occurred. For documentation purposes, all concerns and complaints must be in writing.

2.3.    Age Requirements. At least one Resident associated with each Rental Agreement must be fifty-five (55) years of age or older, unless prior approval has been provided in writing by the Resort. Specifics relating to age/residency requirements are attached in Addendum "A " which shall be incorporated into the Rental Agreement and these Rules and Regulations.

2.4.    Guests and Unapproved Occupants. All persons not named in the Rental Agreement whose visit or stay in the Resort does not exceed fifteen (15) consecutive days or thirty (30) total calendar days per year shall be considered "guests." The Resident or guest may be subject to fees and additional pricing for any persons staying longer than these periods; and, further, such person(s) will be required to be approved for residency within the Resort, if such person is qualified for residency. Any person that exceeds the time period for "guests" and is not a Resident or occupant preapproved to reside on the Site shall be deemed an "Unauthorized Occupant." Residents shall be liable for all acts and omissions committed by their guests, occupants, invitees, and Unauthorized Occupant(s), including any act or omission that violates these Rules and Regulations. Additional rules for guests are as follows:
A.    All guests staying longer than forty-eight (48) hours must have prior written approval from the Resort. Resident shall be subject to a fee for failing to register a guest staying in the Resort for more than forty-eight (48) hours. Additional guest fees may be assessed as provided in the Rental Agreement.
B.    Guests shall not be permitted to stay in the Resort in the absence of the Resident.
C.    Guests shall not be permitted to bring a pet dog or any other animal into the Resort with them at any time, with the exception of service animals accompanying disabled persons.

2.5.    Subleasing. Residents are not permitted to rent, sublease, or otherwise assign the occupancy or use of their recreational vehicle, dwelling unit, RV Site, or Rental Agreement without the prior written authorization of the Resort. The Resort may withhold, delay, or deny authorization in its reasonable discretion. Without Resort's written consent, any such act shall be void and shall constitute a default by Resident under the Rental Agreement. Neither residential site Rental Agreements nor dwelling unit Rental Agreements are transferable. If the recreational vehicle or dwelling unit is subleased without written authorization of Resort, no such subleasing, occupancy or collection of rents shall be deemed to be a waiver of this provision, or acceptance of the subtenant or occupant as a tenant, or a release of the Resident(s) from further performance by Resident(s) of the provisions of the Lease Agreement and these Rules.

2.6.    Title and Insurance Information. Resident must carry fire, theft, casualty (including coverage for natural disasters and falling trees), and liability insurance for their recreational vehicle and other vehicles and equipment brought into the Resort. Resident must hold valid title to the recreational vehicle and maintain a current licenses, registrations, and tags at all times. State-issued decals and plates must be displayed prominently on the recreational vehicle. Resort-issued stickers will be provided and must be displayed prominently on the recreational vehicle. Resident must provide copies of current insurance, title, and registration information to Resort on an annual basis.

2.7.    Eviction. Grounds for eviction include: (i) non-payment of Site rental amount, (ii) nonpayment of pass-through taxes, utilities, electricity, sewer, water, trash, grounds, and gas, as applicable, (iii) conviction of a violation of a federal or state law or local ordinance which violation may be deemed detrimental to the health, safety, or welfare of the other Residents in this Resort, (iv) violation of any of these rules, (v) change in land use, and (vi) or any other ground permitted by state or federal law. No waiver of any default shall be implied from any omission by the Resort to act with respect to the default if such default persists or is repeated. One or more waivers of any covenant, term, or conditions of the Rental Agreement or these rules by the Resort shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. Any Resident who applies for a variance under these rules does so knowing that any approval of a variance or other consent by the Resort is under strict terms to comply with these rules. The Resort reserves the right to revoke any prior approval or consent at any time, including if the Resident violates these rules or abuses the terms of approval.

3.    PAYMENTS FEES AND CHARGES

3. 1. Rent. Site rental amounts plus all pass-through taxes, utilities, electricity, sewer, water, trash, grounds, and gas, as applicable, must be paid in full when due. The Resort retains the right to not accept partial payments. Site rental amounts are due on the first day of the month and a late fee will be assessed if such amounts due are not received by the Resort by the eighth day of the month. All pass-through taxes, utilities, electricity, sewer, water, trash, grounds, and gas amounts are due within five (5) days after assessed to the Resident by the Resort. The Resort reserves the right to refuse a personal check. All payments must be payable in U.S. funds drawn on a U.S. financial institution. If any Resident's personal check is returned for insufficient funds, the Resort has the right to only accept all future payments in the form of money orders, cashier's checks, or electronic funds transfer. Should fee or rent provisions of the Rental Agreement conflict with this Rule, the Rental Agreement shall prevail.
3.2.    Rental Increase. Site rental rates or fees may be raised at any time, without limitation, in accordance with the Rental Agreement. Resort shall provide a thirty (30) day written notice of any increases or changes to the rental rates or fees.

4.    MAINTENANCE AND CLEANLINESS

4. 1. Resort Standards. Resident is responsible for the overall appearance of the recreational vehicle or dwelling unit and the Site. The placement of any Recreational Vehicle greater than ten ( 10) years old into the Resort shall require inspection and prior written approval of Resort management. The Resort requires that any recreational vehicles and Sites not meeting the Resort's established standards, as required by these Rules, or any recreational vehicle or Site which is improperly maintained, be upgraded to improve the quality and appearance of the recreational vehicle and Site. Failure to meet the Resort's requirements shall be a violation of these Rules. The Resort reserves the right to require Residents to comply with the Resort's Standards, as amended.

4.2.    General Site Appearance. All Residents must regularly maintain their recreational vehicle or dwelling unit and the Site, including without limitation, free of debris, clean and neat, orderly, uniform, and attractive, in good repair, properly skirted, not discolored, and generally well-maintained. All driveways, walkways, or points of ingress and egress must be unobstructed and in safe condition. Residents are responsible for ensuring their Recreational Vehicle and Site remain in compliance with all local and state laws, ordinances, codes, statutes, and regulations.

4.3.    Landscaping. Resident must maintain lawn, trees, shrubbery, plants, and flower beds on their Site in a neat and attractive appearance, including trimming, edging, weeding, watering, and the general care thereof. Tree trimming and removal is the responsibility of the Resident, however, the removal of a healthy tree is not permitted without the prior written approval of the Resort. Tree maintenance, which is to be performed at the Resident's expense, includes tree or limb removal, limb trimming, root trimming or removal, leaf raking and removal, and the repair or treatment of damage, disease, or infestation. The Resident is responsible for any damage caused to the Resident's unit or to a neighboring unit from a tree located on the Resident's Site.

4.4.    Removal and Site Restoration. Any Resident who removes their recreational vehicle from the Site or is required to move their recreational vehicle in the Resort is responsible for removal of all trash, steps, broken concrete, debris, planters, patios and footers, and any other discarded materials. Utility connections must be sealed, protected, and identified. The Site must be left in a clean and neat condition; It must be cleaned, cleared, and approved by Resort. Resident is responsible for expenses incurred in restoring the Site to a clean condition.

4.5.    Vehicles and Traffic. All Residents shall be required to maintain liability insurance in the minimum amount required by State law for every vehicle in the Resort. All vehicles must maintain current and up-to-date licenses, tags, and registrations. The Resort reserves the right to ban any vehicles that, in its sole judgment, interferes with the peace, privacy, and/or general welfare of other Residents or with the appearance of the Resort. All vehicles must be regularly maintained, washed, and generally in a good condition and must be operational. No vehicles may be on jacks, blocks, or ramps at any time other than for quick maintenance, but at no time for longer than thirty (30) minutes. No commercial vehicles are allowed unless approved by the Resort. ATV's, minibikes, dirt bikes, go-carts, off-road vehicles, or any similar non-street legal motorized vehicles are prohibited from being operated in the Resort. No person shall speed in excess of posted limits. If no signs are posted, the speed limit in the Resort is ten (10) miles per hour. All persons must obey each stop sign, no parking sign, and other similar signs. Traffic and parking must follow any directional arrows in the Resort. All bicycles, golf carts, and pedestrians shall have the right of way and must observe the traffic rules. Persons under 21 -years old may not operate golf-carts.

4.6.    Residents and guests must park vehicles in designated areas and in an orderly fashion. Parking on or along the street is prohibited. Only two (2) vehicle may be parked on the Site at a time, unless Site is designated for one (1) vehicle by Resort. Parking on the grass or non-paved surfaces in common areas is prohibited. Tents, trailers, boats, or unlicensed, unregistered, or inoperable vehicles, may not be parked or stored on the Site without prior written approval from the Resort. Approved boats and trailers must have current plates, tags, and registration. Boats and trailers kept on property must be kept in paid storage and not on individual resident sites. A Resident may not park on another Resident's Site without the prior written permission of the Resident of that Site and the Resort. The Resort reserves the right to tow unlicensed, unregistered, inoperable, or abandoned vehicles, or vehicles parked in violation of the parking rules.

4.7.    Modifications and Additions. The installation or modification of sheds, carports, awnings, decks, screen rooms, canopies, sunshades, fences, docks, or any other exterior structures, and any exterior improvements, modifications, additions, or construction on the Recreational Vehicle or Site must be preapproved in writing by the Resort prior to installation or commencement, and maintained in accordance with these Rules and Regulations. Such construction, modifications, or additions without Resort preapproval may require removal at the Resident's expense. Resident is responsible for procuring any necessary permits and ensuring compliance with local ordinances or code, and shall be liable for violations of the same. Resident shall indemnify and hold harmless Resort for any violations or fines levied by government agencies resulting from Resident's use of the Site. Resident is fully responsible for all costs and the payment of contractors, builders, and suppliers for any modifications and additions caused by Resident. Resident must provide Resort with a copy of a contractor's license and insurance information prior to the commencement of any project requiring same. Resident shall ensure all contractors, subcontractors, and material suppliers are paid in full, may not allow a construction lien to be filed against the Resort, and is liable for all payments associated therewith. Only one shed permitted per lot, measuring no more than 8’x10’.
 
4.8. Exterior Surfaces. The exterior surfaces of the recreational vehicle and the additional structures on the Site shall be kept free of mildew, dirt, grime, or discoloration. Peeling, fading, or damaged exterior surfaces, and broken windows, doors, and screens must be restored and repaired to the condition of a well-maintained home in the Resort. The Resort reserves the right to require repairs, pressure washing, repainting, or other maintenance that is needed to maintain the standards of the Resort. Residents desiring to repaint any exterior surface a color that differs from the existing color of the surface must obtain prior written approval from the Resort.

4.9. Windows. Damaged or broken windows must be promptly repaired or replaced. Window coverings visible from the street shall be limited to blinds, shutters, drapes, curtains, or similar standard widow treatments. Bed sheets, mattresses, blankets, aluminum foil or similar items are prohibited from being used as a window covering or shade device.

4.10. Skirting. Recreational vehicles intended to be stored continuously for six (6) months or more must be properly skirted and tied down pursuant to local code or state law. If the present skirting is damaged or destroyed by windstorm, an act of God, or by any other means, replacement skirting must be installed. All skirting must be of a color and material consistent with the recreational vehicle, and the design and material shall be approved by Resort management prior to installation.

4.11. Water and Sewage Svstems. No person shall dispose of sewage, human waste, or other liquid waste from a recreational vehicle except into an approved sewerage system approved. All utilities, including water, sewer, and electricity hookups must be completed by licensed and Resort-approved vendors. Any fees for installation or hook-ups are the Resident's responsibility. Maintenance of the shutoff valve and hose bib is the responsibility of the Resident.

4.12.    Trash Disposal and Recvcling. Garbage and trash must be disposed of in the solid waste dumpster located in the Resort. Hazardous materials, furniture, grills, batteries, TVs, radios, mattresses, and other large or non-conforming items must be disposed of lawfully and properly by the Resident at the Resident's expense. Resident shall reimburse the Resort for any fine or penalty resulting from the violation of an illegal dumping or hazardous waste disposal regulation or law. Single-stream recycling containers may be available. Plastic must be thoroughly cleaned; glass bottles must be discarded in the trash.

4.13.    Electric Pedestals. Electric pedestals may not be modified or tampered with. Items shall not be attached or hung from the pedestals. Residents may only draw electricity from the pedestal on their Site and additional electrical supply is not permitted. Individuals caught tampering with any electrical systems within the Resort will be reported to local authorities and/or Duke Energy and shall be charged back for any electrical usage. Resident is responsible for the connection from the electric pedestal to the Recreational Vehicle.

4.14.    Clotheslines. Lines for hanging clothes outside may only be placed in the rear of the Site and completely out of view from the street. Clotheslines must be fully removed and stored when not in use. This rule is intended to protect the safety of drivers, pedestrians, mowers, and maintenance workers.

4.15.    Fences. No fences, roping, or barriers may be erected on or around any Site, unless approved by the Resort.

4.16.    Site/Lot Lines. Recreational vehicles and other structures or appurtenances may not protrude or overhang the designated Site/lot line. In the event of a dispute between neighbors, the Resort shall make all determinations as to the location of Sites and Site/lot lines within the Resort, and Residents shall act accordingly to relocate or remove protruding or overhanging structures.

4.17.    Signs. Flags and Banners. The display of signs, flags, banners, or like items containing vulgar, profane, inappropriate, or offensive images, messages, or language, or containing images, messages, or language that may incite or encourage violence or hate, on the recreational vehicle or Site is prohibited. "For Sale" signs are limited to one such sign per home and may not exceed 18" x 24" in size. "For sale" signs, "Open House" signs, directional signs, information signs, etc. shall not be placed on any of the common areas of the Resort.

4.18.    The display of flashing, blinking, or excessively bright or colorful lights is prohibited. Exception may be made during the holiday season within two (2) weeks of the year-end, so long as lights or decorations do not constitute a nuisance to other Residents of the Resort, and such displays must be promptly dismantled.

4.19.    Antennas. No antennas or outdoor reception devices shall in any way be attached to or protruding from any recreational vehicle or Site except those approved by the Resort and permitted by law.

4.20.    Storage on Site. The outdoor storage of junk, debris, or miscellaneous clutter on the Site, including within public view on carports, decks, and screen rooms, is prohibited. Miscellaneous clutter includes an unreasonable or excessive display of yard ornaments, decorations, figurines, and statues. No outdoor equipment is allowed on the Site. Outdoor equipment includes, but is not limited to, pools, basketball hoops, trampolines, swings, weight benches, exercise equipment, recreational equipment, major appliances, lawncare equipment, tools, toys, or other items that may constitute a nuisance or hazard in the event of a windstorm. Residents are prohibited from storing on the Site any dangerous, explosive, or toxic materials that would increase the probability of fire or that would increase the cost of insuring the Site.

4.21.    Sale or Removal of Recreational Vehicle: The sale of any Recreational Vehicle located in the Resort shall require prior approval by Resort management. If the Notwithstanding anything contained herein to the contrary, Resort may, in order to upgrade the quality of the Resort, require the removal of the Recreational Vehicle from the Homesite upon its sale to a third party. New, incoming residents must be screened by office before sale takes place.

4.22.    Government Compliance. All recreational vehicles, other buildings or structures, and the Site must be maintained in compliance with all municipal, county, and State housing, building, health, environmental and related laws, regulations, and ordinances. In the event any governmental agency shall impose a fine for failure to comply with the same, Resident shall be responsible for payment; and, in the event the Resort pays the fine, Resident shall reimburse Resort for the payment made on Resident's behalf.

5.    CONDUCT

5.1.    Applicability. All Residents are responsible for the actions of their guests, invitees, and occupants and compliance with all the Rules herein. All Residents shall comply with these Rules and Regulations and require other persons on the premises with his or her consent to comply with such rules and to conduct themselves, and other persons on the premises with his or her consent, in a manner that does not unreasonably disturb the peace and comfort other Residents of the Resort, constitute a nuisance, or constitute a breach of the peace.

5.2.    Noise. Noise or conduct that Resort finds objectionable, that disturbs the peaceful enjoyment of the Resort by neighbors or is deemed a nuisance to other Residents, that materially interferes with management of the Resort or that constitutes a breach of peace is prohibited. Loud noises, annoying parties, and abusive or profane language shall not be permitted at any time in the Resort. Yelling, screaming, other noise-making, or the use of profanity outside the recreational vehicle or inside the recreational vehicle if audible outside the home, are not permitted in the Resort. Quiet hours shall be honored between 10:00 P.M. and 8:00 A.M., subject to the exception of a scheduled clubhouse activity.

5.3.    Disturbances. The Resort may refuse accommodations to any person whose conduct on the Resort property displays intoxication, profanity, lewdness, or brawling; who indulges in such language or conduct as to disturb the peace or comfort of other guests; who engages in illegal or disorderly conduct; illegally possesses or deals in a controlled substance; whose conduct violates these rules; or whose conduct constitutes a nuisance.

5.4.    Loitering. No person is permitted to loiter or play in the streets, in vacant Sites, or in the yards of other Residents. No person is permitted to climb trees or structures or enter or trespass on any other Site of another Resident. Residents shall not loiter or wander within the Resort after the hour of 10:00 p.m.

5.5.    Commercial Activity. Soliciting or peddling is not permitted within the Resort. No commercial enterprise or business shall operate within the Resort and no advertising signs may be erected on the Resident's Site or recreational vehicle, unless approved by the Resort.

5.6.    Illegal Substances. Drugs or illegal substances are strictly forbidden from the Resort. No person shall be in possession or deal in a controlled or illegal substance.

5.7.    Use and Discharge of Firearms or Fireworks. No firearms, other forms of weaponry capable of firing dangerous projectiles, fireworks, or firecrackers are to be used, displayed, or discharged in the Resort. The use or display of weapons in the Resort, including but not limited to firearms, paint ball guns, air rifles, bows, and arrows, slingshots, knives, or any other type of weapon, is prohibited.

5.8.    Damage. No person, directly, indirectly, or in any way whatsoever, shall damage, injure, or cause harm to (i) any employees or agents of the Resort or its real or personal property or (ii) other Residents or their real or personal property.

5.9.    Criminal Activity. Resident or other persons on the premises with his or her consent shall not engage in criminal activity or allow Resident's home to be used in criminal activity including: drug related criminal activity, prostitution, criminal street gang activity, assault (including threatening or intimidating other persons in the Resort), battery, including but not limited to the unlawful discharge of firearms or use of illegal fireworks on or near the leased Site, sexual crimes and misconduct, or any breach of the Rental Agreement that jeopardizes the health, safety or welfare of the landlord, his agent(s), or other resident(s), or which involves imminent or actual property damage. Two (2) or more visits by any law enforcement agency within a six (6) month period to investigate unlawful activity by Residents or their guests is grounds for eviction.

5.10.    Dangerous Acts. Any act which endangers the life, health, safety, property, or peaceful enjoyment of the Resort or its occupants, Residents, employees, agents, or invitees, is a violation of these rules and is grounds for eviction.

6.    ANIMALS AND PETS

6.1.    Approval. Pets may be brought into the Resort subject to preapproval by the Resort. All pets must be neutered or spayed, and the pet must have received all required vaccinations and inoculations before entry into the Resort. The Resort reserves the right to restrict certain breeds, or require the removal of individual animals that have displayed aggressive tendencies. The Resort also reserves the right to demand proof of compliance with this section.

6.2.    Criteria. Any pet must be a true household pet. No agricultural or wild animals, poisonous creatures, exotic creatures, snakes, iguanas, scorpions, spiders, pigs (miniature or full sized), horses, ferrets, or other animals that are not considered ordinary household pets are permitted in the Resort. Feeding or hosting of stray or wild animals is prohibited.

6.3.    Liability. Residents shall be liable for and shall defend, indemnify, and hold harmless the Resort, its affiliates, directors, employees, agents, and assigns from all personal injury or property damage caused by pets or other animals kept or fed in the Resort.

6.4.    Additional Restrictions. Pets may not be tied or chained outside without owner present and also outside. Pets are prohibited from the Resort's office and from other Resort buildings. No outside dog houses, dog runs, cages, or other containers of any kind for the retention of pets will be permitted on a Site. All dogs and cats must be kept on a hand-held leash when outside of Resident's recreational vehicle, unless contained within the dog park, according to local law; and must be accompanied by the Resident at all times. All droppings and pet waste must be immediately picked up and properly disposed of; this responsibility includes waste within the dog park area. Residents shall be subject to a clean-up fee for failing to immediately pick up and properly dispose of all droppings and pet waste. All pets must wear a collar with valid and current tags and identify the Resident, including its address and contact information. The Resort may require the removal of excessively noisy or aggressive pets.

7.    RECREATIONAL FACILITIES AND COMMON AREAS

7. 1. Assumption of Risk. All amenities and recreational activities offered or hosted by the Resort are solely for the convenience of its Residents and their guests. Residents and their guests hereby assume all associated risks with such activities.

7.2. Laundry Facility. Rugs, carpets, pet bedding, or similar large or bulky items likely to damage the machinery may not be washed or dried using the laundry facility. The Resort shall not be liable for any damage to clothing or belongings caused by use or misuse of the laundry facility.

7.3.    Boat/Trailer/Unit Storage Area. Boat/unit storage fees shall be paid in advance for the duration of the storage rental period. Storage fees shall be at the current rate as provided in the storage agreement. Users of the storage area are subject to the additional terms and conditions in the storage agreement. Registration is required at the Resort office.

7.4.     Smoking. Smoking, vaping, use of tobacco products, or e-cigarettes is not permitted inside any Resort building or structure, including the laundry room, bathhouses, restrooms, and recreation hall, as well as within the swimming pool area or shuffleboard screen enclosure.

8.    MISCELLANEOUS

8.1.    Indemnification and Liability of Resort Owner. Resort shall not be liable for any loss of, or damage or injury to, the person or property of Resident, any member of Resident's household or any occupant, guest, or invitee on the residential Site, caused by but not limited to: (a) any condition of the Site; (b) any act, fault, or neglect of any Resident, a member of any Resident's household, or any occupant, guest or invitee of any Resident or of any occupant of the Resort, or of any trespasser; (c) fire, water, steam, rain, hail, wind, flood, sewerage, odors, electrical current, insects, mold, mildew, fungus, or any act of God; or (d) theft or embezzlement, unless any of the foregoing was caused by Resort's active or willful misconduct. Resident does hereby indemnify and hold harmless Resort owner, its affiliates and its and their officers, directors, employees, assigns, and agents from any loss, cost, damage, or expense arising out of any claim or cause of action asserted by any person because of any loss of, or damage or injury to, the person or property of any person caused by any act, default, or neglect of any Resident, member of Resident's household, or occupant of the Site, or of any guest or invitee of any Resident or occupant of the Site.

8.2.    Amendment of Rules. The Resort reserves the right to amend these Rules and Regulations at any time for any reason the Resort deems appropriate or necessary.

8.3.    Effect. These Rules and Regulations are established to ensure the health, safety, and welfare of Residents, guests, and staff. These Rules and Regulations do not entitle Resident to any ownership interest in the Resort, nor shall these Rules and Regulations grant the right to participate in any income or distribution, to share in any dissolution, liquidation, merger, or reorganization of the Resort, or to vote on any aspect relating to the business of the Resort. 

ADDENDUM "A" 
(55+ Resort)
     

A.     55 AND OLDER RESORT

This Resort is intended and operated for occupancy by persons 55 years of age and older and, as such, adheres to the requirements of the Housing for Older Persons Act of 1995. Consequently, at least 80 percent of the occupied units must be occupied by at least one person who is 55 years of age or older as of the date of occupancy.

B.     AGE VERIFICATION
At the time of application for initial residency, or upon demand of the Resort, all prospective residents and all existing Residents shall be required to produce for inspection and copying, one of the following age verification documents: driver's license; birth certificate; passport; immigration card; military identification; other valid local, state, national or international documents containing a birth date of comparable reliability or a certification in a lease, rental agreement, application, affidavit or other document signed by any member of a household over the age of 1 8, asserting the age of the persons residing therein. 

C.     MINIMUM AGE
The minimum age for all Residents is 55. Notwithstanding the above, the Resort reserves the right, in its sole discretion, to grant exceptions to the minimum age requirements of this rule, while still maintaining compliance with the Housing for Older Persons Act of 1995.