Last Updated Date: January 16, 2025

A&C Future, Inc. (“A&C”, “we”, “us”, or “our”) operates thehttps://acfuture.com website (the “Site”). These Terms of Use (these “Terms”) apply to the Site and to any other website or application offered by us that references or links to these Terms (collectively, the “Services”). A&C offers recreational vehicles, trailers, and accessory dwelling units. These Terms are in addition to other terms that A&C may have with its customers and shall not replace or supersede any such other terms.

Please read these Terms carefully before accessing or using the Services.

BY ACCESSING OR USING THE SERVICES OR VISITING THE SITE, YOU ACCEPT AND CONSENT TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU MUST NOT USE THE SERVICES, OR ACCESS, USE OR VISIT THE SITE.

THESE TERMS LIMIT OUR LIABILITY AND ALSO INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS AND THUS PROHIBIT CLASS ACTION CLAIMS. PLEASE SEE BELOW FOR ADDITIONAL DETAILS.

1. Use of Our Services. The Services are for your individual, personal purposes and lawful use only. Other than as expressly permitted in these Terms, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Services or any content, information, software, products, or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services, or any content within the Services, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes our rights or the rights of other individuals or entities.

Subject to your compliance with these Terms, you may access the Services and display and use the content of the Services made available via the Site, and, subject to any expressly stated restrictions or limitation relating to specific material on the Services, electronically copy or download onto your device or other technology used to access the Services portions of the content from the Services, strictly for your individual, personal purposes and lawful use.

If you make any other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

2. Prohibited Uses. You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Services, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calling or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

You will not use the Services to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation.

3. Intellectual Property. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We and our licensors and service providers reserve and shall retain the entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.

4. Account. If you reserve a vehicle, you must set up an account with us. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account information, including, without limitation, your account password and restricting access to your account. You are responsible for any and all activities that occur under your account, including, without limitation, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You are solely responsible for controlling the dissemination and use of your password, controlling access to and use of your account, and notifying us if you desire to cancel your account on the Services. You may not use anyone else’s password or account at any time on the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or for any other user of the Services if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

5. Privacy. Along with these Terms, please read our Privacy Notice, which is hereby incorporated and made part of these Terms. If you provide contact information to us via the Services for anyone else, you represent and warrant you all have necessary rights and permissions to share such contact information with us and for us to use such information. You, not us, shall be responsible for obtaining all such rights and permissions.

6. Updates and Unavailability. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You acknowledge that the Services may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. We cannot, and do not, guarantee any specific minimum availability of the Services.

7. Feedback. We welcome your feedback, testimonials, comments, ideas and reviews about the Services (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, (a) such Feedback shall be deemed to be non-confidential, and (b) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.

8. Third-Party Offerings. You may be able to connect third party devices or third-party services to the Services. We refer to all such other offerings, services, and products as “Third-Party Offerings.” If you elect to use such Third-Party Offerings, you understand that your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third party. You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. The fact that we link to a third-party website or service is not an endorsement of that third party, nor is it an endorsement of their privacy or information security policies, terms of use, business practices or their compliance with laws. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that we are not responsible for, nor will we be liable to you or any third party for your interaction with such third parties.

9. Communications. You will receive disclosures, notices, documents, and any other communication about our Services (“Communications”) electronically. We may discontinue the electronic provision of Communications at any time at our sole discretion. Your consent to these Terms means that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time. You understand that, in order to view or retain copies of the electronic Communications, you need a computer or mobile device with an internet connection and a commercially available browser, a valid email address, and sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them. You may withdraw your consent to receive non-mandatory Communications electronically as described in the footer of such Communications. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

10. WARRANTY DISCLAIMERS. Your use of the Services is at your sole risk. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT WARRANT THAT (A) THE SERVICE AND SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICES AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR LICENSORS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SERVICES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTERESTS, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SERVICES, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (B) BREACH OF OR FAILURE TO COMPLY WITH THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; (D) YOUR CONTENT OR ANY OTHER INFORMATION YOU PROVIDE TO US VIA THE SERVICES AND (E) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT.

12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“PROTECTED ENTITIES”) SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR CONTENT OR ANY OTHER INFORMATION YOU SHARE WITH US. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13. Arbitration. Any controversy or claim arising out of or relating to these Terms, including the interpretation, construction, application, or alleged breached thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (https://adr.org/sites/default/files/Consumer%20Rules.pdf); provided, however, that a party must provide the other party with a written notice of the claims it intends to submit to arbitration thirty (30) calendar days before commencing such arbitration, during which time the parties shall attempt in good faith to amicably resolve such claims. If, after the expiry of said thirty (30) days, the matter has not been amicably resolved, then either party may commence arbitration under the AAA Consumer Arbitration Rules.

The arbitrator has the authority to decide all issues of arbitrability, and there is no judge or jury in arbitration. YOU AND A&C MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration can proceed on a class basis, then neither you nor A&C is entitled to arbitrate the dispute. Except as otherwise required by applicable law or provided in these Terms, if the agreement to arbitrate is found not to apply to you or your dispute, you agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Orange County, California, United States. Both you and A&C consent to venue and personal jurisdiction there, provided that either party may bring any action to enforce its intellectual property rights or confirm an arbitral award in any court having jurisdiction.

14. Governing Law and Venue. These Terms, including the arbitration terms, and the relationship between you and us will be governed and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of Orange County, California, United States.

15. Entire Agreement;No Waiver; Assignment. These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Services. Neither the course of conduct between us nor trade practice shall act to modify these Terms. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.

16. Severability. If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.

17. Jurisdictional Issues. The Services is operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.

18. Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of revised terms.

19. Copyright. If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at: sales@acfuture.com.

20. Contact Us. If you have any questions about these Terms or our Services, please feel free to contact us by email at: sales@acfuture.com.