TERMS OF
USE.

Contractual Relationship & Acceptance

This User Agreement Terms of Use (this "Terms") is a binding agreement between you and Wagon Technologies, LLC and its affiliates, subsidiaries, owners, managers, members, officers, employees, contractors, agents, representatives, successors, and assigns (collectively, "Wagon," "we," "us," or "our"), and governs your access to and use of Wagon's websites, mobile applications, software, customer support channels, connected vehicles, hosted dashboards, digital access systems, and golf cart or low-speed vehicle rental services, together with any related products, equipment, accessories, charging equipment, locks, keys, digital credentials, and related services (collectively, the "Services" and "Vehicles," as applicable).

The Services include the Wagon network of websites that link to these Terms (including versions optimized for wireless or tablet devices); email newsletters published by Wagon; apps published by Wagon, including the "Wagon" mobile app; and any other services, interactive features, and communications made available by Wagon. The Services may be used to access vehicle rental services ("Rental Services") offered by Wagon and/or through third-party providers, property operators, hosts, sponsors, or other partners ("Platform Partners").

For Rental Services, you may also be required to execute a Rental Agreement, Waiver of Liability and Release, or similar document between you and Wagon or a Platform Partner. Any decision to accept Vehicles is made in your sole discretion.

Wagon may suspend, restrict, or terminate your account, deny access to the Services or Vehicles, or require additional verification at any time if Wagon believes any information is inaccurate, incomplete, outdated, fraudulent, or that your use presents safety, security, operational, legal, or financial risk. Wagon reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or Vehicles with or without notice.

Eligibility & Account Requirements

You represent and warrant that:

• You are at least eighteen (18) years old;
• You have the legal capacity and authority to enter into these Terms;
• All information you provide to Wagon is true, accurate, current, and complete;
• You will keep your account information updated;
• Where required by law or by Wagon for a particular Vehicle, program, or property, you possess a valid driver's license, satisfy any applicable age, driver qualification, identity verification, or insurance requirements, and remain eligible to use the Services;
• You are not barred from using the Services under any applicable law.

Your account is personal to you. You may not share your account, login credentials, digital keys, access codes, or Vehicle access permissions with any third party unless Wagon expressly permits a multi-rider or guest feature in writing through the Services. You are responsible for all activity occurring under your account.

Wagon may suspend, restrict, or terminate your account, deny access to the Services, or require additional verification at any time if Wagon believes any information is inaccurate, incomplete, outdated, fraudulent, or that your use presents safety, security, operational, legal, or financial risk.

Nature of the Services

Wagon provides self-service rentals of golf carts and, where offered, low-speed vehicles ("LSVs"). Rentals may be initiated, accessed, unlocked, monitored, operated, and ended through the Wagon app or other Wagon-authorized or partner-authorized access system, without in-person assistance.

The Services are offered as a convenience only. Wagon is not a common carrier, transportation carrier, bailee, insurer, or public utility. Alternative transportation options may be available to you.

Vehicles are intended only for use in areas and properties authorized by Wagon, which may include campgrounds, resorts, hospitality properties, residential communities, event venues, RV parks, and similar private or controlled-access properties, including host-sponsored or partner-sponsored locations (each, a "Property"). Vehicles may not be removed from the applicable Property or operated outside the permitted operating area except where Wagon expressly authorizes such use and applicable law allows it.

License to Use the Services

Subject to your compliance with these Terms, Wagon grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use; any collection and use of product listings, descriptions, or prices; any derivative use; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping tools, or similar tools. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

You may not:

• Copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or attempt to extract source code from the Services;
• Use bots, scrapers, scripts, or automated means to access the Services;
• Interfere with the operation or security of the Services;
• Bypass or disable any access control, geofencing, telemetry, immobilization, or safety system; or
• Use the Services for commercial, unlawful, or unauthorized purposes.

All intellectual property rights in the Services and Wagon IP are and shall remain owned by Wagon and its licensors, as further described in Section 20.

Network Access & Devices

You are responsible for obtaining and maintaining compatible devices, software, batteries, and internet or cellular connectivity required to access and use the Services. Data and messaging rates may apply. Wagon does not guarantee uninterrupted availability of the Services, Vehicle access, GPS accuracy, mobile connectivity, or app functionality, and the Services may be affected by network delays, outages, maintenance, or other technical issues. The Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Vehicle Use Rules

You may use a Vehicle only in a careful, lawful, and authorized manner. Without limiting the foregoing, you shall not, and shall not permit any other person to:

• Operate a Vehicle if under the influence of alcohol, drugs, medication, or any substance or condition that could impair safe operation;
• Allow any person under 18 years old to drive or operate a Vehicle;
• Exceed the Vehicle's seating capacity or carry passengers in an unsafe manner;
• Transport flammable, explosive, toxic, hazardous, or unlawful materials;
• Use a Vehicle in racing, speed contests, stunt driving, off-roading, towing, pushing, commercial hauling, delivery services, or any use outside its intended purpose;
• Operate in dangerous weather, flooding, lightning, or other unsafe environmental conditions;
• Operate on roads, paths, or areas where use is prohibited by law, property rules, or Wagon restrictions;
• Remove the Vehicle from the authorized Property or operating zone;
• Tamper with, disable, damage, remove, or circumvent locks, GPS, speed controls, geofencing, immobilizers, or other hardware or software;
• Charge the Vehicle unless Wagon expressly instructs otherwise;
• Use a mobile device while driving the Vehicle;
• Park or leave the Vehicle in a location that is unsafe, prohibited, inaccessible, obstructive, or outside the designated return area;
• Permit any unauthorized person to use a Vehicle through your account;
• Make unauthorized modifications or alterations to Vehicles.

If Wagon becomes aware of unauthorized or improper use of Vehicles, Wagon may close your account and block you from using the Service in the future. You must obey all applicable laws, traffic rules, parking rules, posted signage, community rules, and Property rules, including speed limits, quiet hours, operating hours, restricted areas, and parking instructions. Wagon may remove Vehicles from the Service in its sole discretion for any reason.

Safety Inspection & Condition of Vehicles

Before each use, you must inspect the Vehicle and confirm it appears in safe operating condition, including brakes, steering, tires, lights, battery level, seat belts if present, body condition, and visible damage. Do not use the Vehicle if you observe damage, unusual operation, low battery insufficient for your planned use, missing equipment, warning lights, or any unsafe condition.

If you discover damage or a safety issue before or during use, you must stop using the Vehicle as soon as safely possible and promptly report the issue to Wagon through the app or support channel.

If you fail to report apparent damage or issues, Wagon may attribute such condition to your rental period where reasonable under the circumstances.

Rental Period & Return Obligations

Wagon makes Vehicles available for self-service rental through the Service. These rentals are accessed, unlocked, operated, and returned using Wagon's mobile application without in-person assistance.

Vehicle rentals are intended for use only within designated private properties, including but not limited to campgrounds, RV parks, resorts, and similar locations approved by Wagon or the applicable host or sponsor. Vehicles may not be removed from the Property or operated on public roads unless expressly permitted by Wagon and applicable law. You agree to comply with all Property rules, including speed limits, restricted areas, passenger limits, and operating hours.

Your rental begins when the Vehicle is unlocked or your session otherwise starts in the Wagon system. Your rental ends only when all of the following have occurred:

• The Vehicle is returned to the designated or otherwise authorized return location;
• The Vehicle is parked safely and properly;
• The Vehicle is secured as instructed by Wagon;
• You fully complete the end-rental process in the app or other Wagon-authorized system;
• Wagon's system confirms the rental has ended.

Charges continue until the rental is properly ended and confirmed. If you leave a Vehicle improperly parked, unsecured, inaccessible, outside an authorized area, or fail to properly end the rental, you remain responsible for the Vehicle and may continue to incur fees and penalties. If you are unable to return a Vehicle properly, you must notify Wagon immediately.

Loss, Theft, Damage & Recovery

You are responsible for the Vehicle and all accessories from the moment your rental begins until the rental is properly ended and confirmed.

You are liable, to the fullest extent permitted by law, for loss, theft, vandalism, impound, fines, citations, towing, administrative charges, recovery costs, cleaning costs, damage, misuse, diminution in value, and loss-of-use arising from or related to your rental, possession, use, misuse, or failure to properly return the Vehicle, except to the extent caused by Wagon's gross negligence or willful misconduct or otherwise prohibited by applicable law.

If a Vehicle is not returned, cannot be located, is removed from the authorized area, is abandoned, or is inaccessible for retrieval, Wagon may treat the Vehicle as lost or stolen and may charge you up to the full replacement value of the Vehicle, together with recovery, administrative, towing, legal, and collection costs.

Plus any third-party costs actually incurred. Unless otherwise stated in the booking flow, Wagon may charge up to the full replacement value of a lost, stolen, destroyed, or unrecovered Vehicle.

You must return the Vehicle to the designated or otherwise authorized return location, secure it appropriately, and explicitly end the rental session through the mobile app or other Wagon-authorized system. You may be charged for additional rental time if you do not properly end the rental session.

You must immediately inform Wagon if you have problems operating or returning a Vehicle. If you do not, Wagon may charge you applicable additional rental time, recovery costs, fees, and, where permitted by law, the full replacement value of the Vehicle. If you do not return the Vehicle, provide false information, or do not return the Vehicle correctly and it cannot be located within a reasonable time, Wagon may treat the Vehicle as lost or stolen and may charge amounts authorized under these Terms.

Accidents, Incidents & Police Reports

You must notify Wagon as soon as reasonably practicable, and in any event promptly after becoming aware of, any accident, collision, personal injury, property damage, fire, police stop, citation, theft, vandalism, or other incident involving a Vehicle.

If the incident involves personal injury, property damage to a third party, suspected criminal conduct, or theft, you must also notify law enforcement and obtain a police report where reasonably possible. You agree to provide Wagon with truthful, complete information and to cooperate with Wagon, law enforcement, insurers, claims administrators, adjusters, and investigators in connection with any incident or claim.

Failure to promptly report an incident or cooperate may result in denial of any optional protection, insurance-related benefits, fee waivers, or claim handling accommodations Wagon may otherwise choose to offer.

Telemetry, GPS & Remote Disablement

You acknowledge and agree that Vehicles and the Services may use GPS, cellular connectivity, connected hardware, telematics, sensors, geofencing, motion sensors, diagnostics, cameras or image-capture tools where enabled or legally disclosed, event-data monitoring, battery monitoring, and other telemetry or remote-control technologies, including immobilization capabilities.

Wagon may collect, process, store, and use data regarding location, route history, trip timing, start and end locations, travel direction, speed, braking or event logs, parking information, battery level and charging status, operation, diagnostics, fault codes, user actions, and other technical or usage data for safety, billing, operations, fleet management, theft prevention, customer support, legal compliance, claims, dispute resolution, enforcement of these Terms, and service improvement.

Wagon may, in its sole discretion and with or without notice where permitted by law, remotely slow, restrict, disable, immobilize, or recover a Vehicle if Wagon reasonably believes the Vehicle is being misused, operated in a prohibited area, stolen, unsafe, overdue, or used in breach of these Terms.

Remote disablement or operational restriction may occur while a Vehicle is stationary or, where necessary for safety and consistent with system design, in motion through speed limitation or other controlled intervention without notice. You are responsible for operating the Vehicle safely and for responding appropriately to system warnings or restrictions. Nothing in this section shall relieve you of your payment obligations or liability to the extent otherwise applicable under these Terms and law.

Payments, Authorizations, Fees & Taxes

You must maintain a valid credit card, debit card, or other payment account ("Payment Method") on file. When you add a Payment Method to your Wagon account, you will be asked to provide customary billing information. You must provide accurate, current, and complete information when adding a Payment Method and it is your obligation to keep your Payment Method up-to-date at all times.

You represent and warrant to Wagon that you are authorized to use any Payment Method you furnish to Wagon. By using the Services, you authorize Wagon and its payment processors to charge your Payment Method for all amounts due, including rental charges, time charges, distance charges where applicable, taxes, holds, penalties, fines, damage charges, recovery fees, administrative fees, tolls, citations, third-party charges, collection costs, arbitration or court awards, attorneys' fees where recoverable, and any other amounts authorized under these Terms.

Wagon may place a pre-authorization or temporary hold on your payment method before, during, or after a rental. All fees are subject to change as permitted by law. Taxes and government-imposed charges may be added. Unless required by law, fees are non-refundable.

If your payment method fails, Wagon may retry one or more payment methods associated with your account. You remain liable for all unpaid amounts. Wagon may use collections or other lawful recovery methods, and you agree to reimburse Wagon for reasonable costs of collection.

If you dispute a charge, you must notify Wagon within ten (10) business days after the end of the month in which the charge appears, including sufficient trip details for investigation, using the support contact information made available through the Services.

You agree, understand, and acknowledge that we may engage third-party payment processors/gateway service providers to facilitate the processing of payments. Accordingly, you may be required to follow any terms and conditions of such third-party payment processors/gateway service providers, as communicated to you, from time to time.

Fines, Citations & Pass-Through Costs

You are solely responsible for any tickets, citations, parking fines, towing charges, impound fees, property fines, municipal penalties, HOA or resort charges, gate charges, access violations, or similar costs arising from your use, parking, possession, or operation of a Vehicle.

If Wagon pays or advances any such amount on your behalf, or incurs administrative or third-party costs in addressing the issue, you authorize Wagon to charge you for those amounts plus an administrative fee of up to $100 per occurrence, or such greater amount as reflects Wagon's actual reasonable costs where permitted by law.

Assumption of Risk; Waiver & Release

Use of golf carts, low-speed vehicles, and related Services involves inherent and significant risks, including risks of collision, rollover, mechanical failure, user error, unsafe road or property conditions, hidden obstacles, weather conditions, poor lighting, other riders or drivers, pedestrians, animals, negligent acts or omissions of others, and serious personal injury, disability, death, or property damage.

By using the Services, you knowingly, voluntarily, and expressly assume all risks arising from or related to your use of the Services and Vehicles, whether known or unknown, foreseeable or unforeseeable, and whether caused in whole or in part by ordinary negligence or other conduct of Wagon or any other person, except to the extent such risk or harm is caused by Wagon's gross negligence or willful misconduct where such limitation is prohibited by applicable law.

To the fullest extent permitted by law, you, on behalf of yourself and your heirs, estate, representatives, successors, and assigns, hereby release, waive, and discharge Wagon and the following "Released Parties" from any and all claims, demands, damages, losses, liabilities, causes of action, costs, and expenses of any kind, whether in contract, tort, statute, or otherwise, arising out of or relating to your use of the Services or Vehicles: Wagon and its affiliates, owners, members, managers, officers, employees, contractors, agents, representatives, successors, assigns, technology providers, payment processors, property partners, hosts, program sponsors, landlords, municipalities, HOAs, resorts, campgrounds, and any other party involved in making the Services available.

This release does not apply to claims that cannot be waived under applicable law, including claims arising from gross negligence, recklessness, or willful misconduct to the extent such claims cannot lawfully be waived.

Mutual Arbitration Agreement & Class Action Waiver

Except for claims eligible for small claims court and claims seeking temporary or preliminary injunctive relief to protect intellectual property or property rights, you and Wagon agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Vehicles, your relationship with Wagon, any marketing or communications by Wagon, payment disputes, personal injury or property damage claims, or the validity, enforceability, or scope of this arbitration agreement (collectively, "Disputes") shall be resolved exclusively by final and binding arbitration on an individual basis.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

Before initiating arbitration, the claimant must send a written notice of dispute to Wagon at support@wagonrentals.com and to any additional legal notice address Wagon designates, describing the facts, the nature of the claim, and the relief sought. The parties agree to attempt in good faith to resolve the Dispute informally for at least thirty (30) days before filing arbitration.

Unless Wagon elects otherwise, arbitration shall be administered by JAMS under its then-current consumer or comprehensive rules, as applicable; provided, however, that if JAMS is unavailable or declines to administer the matter, Wagon may elect the American Arbitration Association (AAA) under its applicable consumer rules.

The arbitrator shall have exclusive authority to resolve all threshold issues of arbitrability, including formation, enforceability, scope, applicability, and interpretation of this arbitration agreement, except that a court of competent jurisdiction shall determine any issue regarding the enforceability of the class action waiver below.

Unless the parties agree otherwise, any in-person arbitration hearing shall occur in Cuyahoga County, Ohio, or, if required by applicable consumer law, in the county or metropolitan area of your residence.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: support@wagonrentals.com. The notice must be sent within 30 days of your first use of Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Wagon also will not be bound by them.

Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary, preliminary, or ancillary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or to recover or protect Vehicles or other property, without waiving arbitration.

This Section survives termination of these Terms, your account, and your use of the Services.

Disclaimer of Warranties

We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise about the Services.

Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we and the Released Parties exclude all warranties, whether express or implied.

Wagon does not warrant that any Vehicle will be available at any time or location, that the Services will be uninterrupted or error-free, that any route, map, or location information will be accurate, or that any Vehicle will meet your specific needs.

If you use any of our Vehicles or Services in violation of these Terms, any insurance, accident, liability coverage, optional insurance, damage waiver, protection product, or other benefit that may otherwise be available to you may be void, limited, or unavailable, to the extent permitted by law and the terms of the applicable coverage or program. Such use may make the Vehicle subject to immediate recovery by us without notice to you; and you will be responsible for all loss or damage to, or connected with, the product, to the extent that such loss or damage is due to such prohibited use.

Limitation of Liability

To the maximum extent permitted by law, the total aggregate liability of the Released Parties for any claims arising out of or relating to these Terms, the Services, or any Vehicle shall not exceed the greater of: (a) the amounts paid by you to Wagon in the twelve (12) months preceding the event giving rise to the claim, or (b) $500.

This section does not limit liability that cannot be limited under applicable law.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, fines, penalties, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:

• Your access to or use of the Services or any Vehicle (including the payment of fines and other fees discussed in the Terms);
• Your breach of these Terms;
• Your violation of law, property rules, or third-party rights;
• Any bodily injury, death, or property damage caused by you, any passenger, or any person using a Vehicle through your account;
• Your failure to properly secure, return, or report a Vehicle;
• Any of the Released Parties' use of your content discussed in Section 20.

This indemnity does not apply to the extent a claim is finally determined to have resulted from a Released Party's gross negligence or willful misconduct. The Released Parties reserve the right to assume the exclusive defense of any claims or lawsuits, and you agree not to settle any of the foregoing without the applicable Released Parties' prior written consent. You agree that the obligations in this Section 18 will survive any termination of these Terms, your user account, or your access to our products and services generally.

Your Personal Information

To access certain features of the Services, including reserving, renting, or operating a Wagon Vehicle, you may be required to create and maintain an active personal user account (an "Account"). In connection with your Account, you must provide current, complete, and accurate information requested by Wagon, which may include contact information, date of birth, driver's license information, payment method details, eligibility information, and identity verification information where required for a particular Vehicle, program, property, or feature (collectively, "User Data").

You represent and warrant that your User Data is true, accurate, and current, and you agree to promptly update it as needed. Wagon may use your User Data to administer the Services, verify your identity and eligibility, communicate with you about your rentals and Account, administer hosted or partner-sponsored programs, and as otherwise described in Wagon's Privacy Policy, which is fully incorporated herein.

Your Account is personal to you and may not be shared, transferred, or used by any other person. You are responsible for maintaining the confidentiality of your login credentials and for activity occurring under your Account, except to the extent caused by Wagon's gross negligence or willful misconduct. You agree to notify Wagon promptly of any known or suspected unauthorized use of your Account.

Wagon may rely on the User Data associated with your Account and may suspend, restrict, or terminate your Account if Wagon reasonably believes that your User Data is inaccurate, outdated, misleading, fraudulent, or that your Account has been misused.

Wagon may collect, use, disclose, process, and retain personal information in accordance with its Privacy Policy, which is incorporated into and is a part of these Terms, and may be amended from time to time.

Wagon may use or share information connected to your account or your use of the Services if we reasonably believe it is needed to: comply with applicable law, respond to a subpoena, court order, governmental request, regulatory inquiry, or insurance requirement; enforce this Agreement; investigate fraud, theft, misuse, accidents, payment disputes, claims, or security issues; respond to complaints or disputes; recover a Vehicle; administer a hosted or partner-sponsored program; or protect the rights, property, or safety of Wagon, our users, Hosts, property owners, program sponsors, or others.

This may include sharing information with law enforcement, courts, regulators, insurers, insurance brokers, claims administrators, adjusters, investigators, property owners or managers, hosts, program sponsors, roadside or recovery providers, and other service providers involved in addressing the issue. Any collection, use, and disclosure of personal information by Wagon remains subject to Wagon's Privacy Policy and applicable law.

You consent to receive transactional or service-related emails, app notifications, calls, and text messages from Wagon relating to your account, reservations, rentals, ride activity, receipts, safety, support, incident follow-up, collections, policy updates, and other operational matters. Where required by law, Wagon will obtain any additional consent needed for marketing communications. Standard messaging and data rates may apply. You may opt out of non-transactional marketing communications as provided in the communication.

Intellectual Property

Wagon and its licensors own all right, title, and interest in and to the Services, including the Wagon website, mobile application, software, source and object code, user interfaces, designs, text, graphics, logos, trademarks, service marks, trade names, photographs, videos, audio, data compilations, connected-vehicle and telemetry systems, reports, content, documentation, and all improvements, modifications, updates, derivative works, and intellectual property rights therein and thereto (collectively, the "Wagon IP").

Except for the limited right to access and use the Services expressly granted in this Agreement, no license or other right in any Wagon IP is granted to you by implication, estoppel, or otherwise. You may not copy, modify, distribute, sell, lease, sublicense, display, publish, perform, scrape, frame, mirror, reproduce, reverse engineer, decompile, disassemble, translate, or create derivative works from any Wagon IP, except to the extent expressly permitted by applicable law notwithstanding this restriction.

The names "Wagon," "Wagon Technologies," and all related logos, product names, service names, slogans, trade dress, and branding are trademarks or service marks of Wagon or its affiliates. You may not use any of them without Wagon's prior written consent.

You retain ownership of content or information you submit to Wagon, if any, including photographs, video, images, comments, and related metadata, but you grant Wagon a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, use, reproduce, modify, adapt, publish, display, and otherwise exploit such content solely for purposes of operating, improving, supporting, promoting, and providing the Services, and for legal, safety, claims, dispute-resolution, and compliance purposes. You represent and warrant that you have all rights necessary to grant this license.

If you provide Wagon with any feedback, suggestions, ideas, reviews, comments, or recommendations regarding the Services or Vehicles ("Feedback"), you agree that Wagon may use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback without restriction, attribution, or compensation to you. Wagon reserves all rights not expressly granted in this Agreement.

Claims of copyright infringement should be sent to Wagon using the contact information provided in these Terms or otherwise made available through the Services for legal notices.

The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don't endorse these third-party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc. and/or Google, Inc. will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS or Android mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner.

Third-Party Providers, Properties & Hosts

The Services may be made available in connection with third-party properties, hosts, sponsors, resorts, campgrounds, HOAs, communities, and other partners. Wagon does not control and is not responsible for third-party sites, policies, products, property conditions, or services.

Property owners, hosts, sponsors, and authorized site operators on whose premises Wagon operates are intended third-party beneficiaries of these Terms with respect to provisions concerning releases, waivers, disclaimers, limitations of liability, indemnification, property rules, and dispute resolution, to the extent arising from your use of the Services on their property or through their program.

Wagon may place ads in the Service and/or provide links to websites, apps, products and services offered by third parties. Wagon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, product, service or other materials on or available from such sites or resources.

Suspension & Termination

Wagon may suspend, restrict, or terminate your account or access to the Services or Vehicles immediately, with or without notice, for any reason or no reason, including:

• Breach of these Terms or other incorporated agreements or guidelines;
• Suspected fraud, unsafe conduct, or misuse;
• Nonpayment of any fees you owe in connection with the Service;
• Requests by law enforcement or other government agencies;
• Request by you (self-initiated account deletions);
• Discontinuance or material modification to the Service (or any portion thereof);
• Extended periods of inactivity;
• Legal compliance, technical or security issues;
• Protection of Wagon, its partners, or the public.

Termination of your account may include (a) removal of access to all offerings within the Service, (b) deletion of your User Data and content associated with or inside your account, subject to the Privacy Policy and applicable law, and (c) barring of further use of the Service. All terminations for cause shall be made in Wagon's sole discretion and Wagon shall not be liable to you or any third party for any termination of your account or access to the Service.

Upon termination, your right to use the Services ends immediately, but all accrued payment obligations and all provisions that by their nature survive shall survive, including but not limited to Sections concerning payments, liability, releases, arbitration, indemnity, governing law, and general terms.

Governing Law

Except as otherwise provided in Section 15 with respect to arbitration and the Federal Arbitration Act, these Terms and any Dispute shall be governed by the laws of the State of Ohio, without regard to conflict of laws principles.

Force Majeure

Neither Wagon nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body; labor unrest, including strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Amendments

Wagon may modify these Terms from time to time by posting an updated version through the Services, on its website, or by otherwise providing notice. Unless a later date is specified, the updated version will become effective upon posting or notice. In the event you have an active transaction pending on the Service and give Wagon written notice of rejection of the Revised Terms, these Terms will continue under their original provisions and the revision will become effective when that transaction closes or is withdrawn from the Service. If you have not prepaid for a time-based membership and object to any such changes, your sole recourse shall be to discontinue use of the Service. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

If applicable law requires advance notice or provides cancellation rights in connection with an amendment, Wagon will comply with such law.

General Provisions

These Terms constitute the entire agreement between you and Wagon regarding the Services and supersede prior or contemporaneous understandings on that subject.

No waiver by Wagon of any provision is effective unless in writing, and no failure or delay to enforce any provision shall operate as a waiver. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law.

You may not assign or transfer these Terms or your rights or obligations under them without Wagon's prior written consent. Wagon may assign these Terms freely, including in connection with financing, restructuring, merger, sale of assets, or change of control.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wagon as a result of the Terms or your use of the Service. A printed version of these Terms and of any electronic notice shall be admissible in judicial or administrative proceedings to the same extent as other business records. Wagon's notice to you via email, regular mail, or notices or links on the Service shall constitute acceptable notice to you under the Terms.

Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Talk to a Human.

If you have any questions regarding these Terms, please contact us by email.