RV.COM TERMS AND CONDITIONS OF WEB SITE USE
Welcome to RV.com (the "Site"), a web site maintained by RV.com, a division of DOMETIC, LLC ("RV.com"). Please read and review these Terms and Conditions of Web Site Use (as amended from time to time, the "Terms") carefully before accessing or using our Site. These Terms govern any use of or access to our Site. By accessing or using this Site, you acknowledge that you have read, understood and agreed to all of the Terms. If you do not agree to such Terms, you may not access or use the Site. The Terms are an agreement made by and between RV.com and any person or entity who accesses or uses this Site or its content (the "User"). Throughout these Terms, "we" or "our" refers to RV.com, and "you" or "your" refers to the User.
1. Use of Web Site & Content. The information provided on this Site is for general informational and educational purposes only. Certain sections of this Site are intended for particular audiences, including RV.com’s employees and customers, as well as members of the general public. We intend that the Site will provide a medium for all users to learn more about RV.com’s products and services and to exchange information with RV.com. All access to and use of the Site is, however, governed by these Terms. RV.com has the exclusive right to control accessibility, hours of use, features on the Site and any other information found on the Site. RV.com can restrict access to any or all portions of the Site or alter or remove any information or content from the Site at any time. RV.com reserves the right to monitor use of the Site. You are solely responsible for providing the equipment related to accessing the Site, including all computer, remote communications, telephone or other equipment. RV.com respects the privacy of the Users of this Site. Please refer to RV.com’s Privacy Policy that is incorporated herein by reference and that explains the User’s rights and responsibilities with respect to information that is disclosed on this Site.
2. Web Site Limited License. Use of this Site and its content is licensed, not sold, to you. As a User of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and its content in accordance with these Terms. RV.com may terminate this license at any time for any reason.
3. Prohibited Conduct. You expressly agree that you will not, either personally or through an agent:
1. Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site;
2. Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User’s or RV.com’s employee’s computer or other medium used to access the Site;
3. Post any material on the Site that is offensive to any other User, and RV.com maintains the exclusive right to determine what is offensive;
4. Modify the information, including headers, found on the Site;
5. Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication;
6. Engage in any action that RV.com determines is detrimental to the use and enjoyment of the Site;
7. Use the Site for any unlawful or defamatory means;
8. Post or store on the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and/or publicity rights); and/or
9. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest;
10. Violate any laws, third party rights, or our policies;
11. Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
12. Fail to deliver payment in any transaction for any Third Party Goods or Services (as defined below) provided to you by a third party purveyor, unless that third party has materially changed the good or service from what was originally listed, a clear typographical error is made, or you cannot authenticate the third party purveyor's identity;
13. Fail to deliver goods or services purchased from you, unless the interested third party fails to meet the posted terms, or you cannot authenticate the interested third party's identity;
14. Manipulate the price of any good or service or interfere with other user's listings;
15. Circumvent or manipulate our fee structure, the billing process, or fees owed to RV.com
16. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
17. Transfer your RV.com account and User ID to another party without our consent;
18. Distribute or post spam, chain letters, or pyramid schemes;
19. Copy, modify, or distribute content from the Site and RV.com’s copyrights and trademarks; or
20. Harvest or otherwise collect information about users, including e-mail addresses, without their consent.
4. Abusing RV.com. RV.com and our user community (the “Community”) work together to keep the Site working properly and the Community safe. Please report problems, offensive content and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Web site, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
5. Fees and Services. Our Site offers a service that brings together third party purveyors and interested third parties in connection with transactions involving merchandise and/or services (“Third Party Goods or Services”). Information about Third Party Goods or Services is supplied by third party purveyors and not by RV.com. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the Site often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Site will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one’s own good judgment.
When you offer any Third Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third party purveyor, and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other Web site, product or service. Dominion Enterprises reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate.
Responsibility for the information contained in listings lies with each third party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Site. Nothing will undermine a user's confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Site fairly and honorably.
Though we cannot monitor every transaction that originates on the Site, we may perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Site are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third party purveyor is engaging in "bait and switch" or other unfair or deceptive practices, RV.com reserves the right to deny that third party purveyor use of the advertising service.
By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third Party Goods or Services.
We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change.
We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to RV.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency) to enforce our Terms of Use, User Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our Site, our advertisers, the public or RV.com. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. Publisher accepts no liability for error or omission. NO REFUNDS AFTER PUBLICATION DEADLINE.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
6. Disclaimer and Limitation of Liability. Although RV.com has attempted to provide accurate information on the Site, it makes no representation, guarantee or warranty of any kind, express or implied, as to the reliability, accuracy, timeliness or completeness of that information (and assumes no responsibility for any errors or omissions therein), or as to the products or services RV.com may provide. YOU ACCESS AND USE THIS SITE AND THE CONTENT THEREOF AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. NEITHER RV.COM NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY DAMAGES OR LOSS RESULTING FROM ACCESS TO, USE OR UNAVAILABILITY OF, INFORMATION OR CONTENT ON THIS SITE, OR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF RV.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. RV.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL RV.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL RV.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
7. Copyrights & Trademarks.
1. All of the content you see and/or hear on this Site, including without limitation, all of the page headers, images, illustrations, graphics and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses of RV.com, its affiliates and/or its third party content providers. The contents of this Site are subject to copyright protection (Copyright © 2005-2009 RV.com, a division of Dometic, LLC. All Rights Reserved.) and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of RV.com. User must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site. Any third party marks and content appearing on the Site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
2. RV.com® and all product names, whether or not appearing in large print or with the trademark symbol on this Site, are trademarks of RV.com, its affiliates, related companies or its licensors, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted by RV.com, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that RV.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
8. Third Party Web Sites, Links and Content. This Site may contain links or references to other web sites maintained by third parties over whom RV.com has no control. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over whom RV.com has no control. RV.com is not the publisher or speaker of any information on the Site that is provided by third party content providers or by Users, and RV.com is not liable for any claims related to that information, or related to any content or information on third party web sites. Any mention on the Site of products or services provided by third parties, and/or the inclusion of any third party link, is for informational purposes only and constitutes neither an endorsement nor a recommendation by RV.com. RV.com assumes no responsibility for any such products, services, or third party web sites. Any dealings between User and any third party mentioned on or found through the Site are solely between the User and the third party, and are subject to any terms, conditions, warranties or representations associated with those dealings.
RV.COM MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, CURRENCY, COMPLETENESS, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, RV.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
9. Non-Confidential Information. We welcome your comments regarding this Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to RV.com shall be and remain the exclusive property of RV.com. Your submission of any such Comments shall constitute an assignment to RV.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. RV.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
10. Indemnification. You agree to indemnify, defend and hold harmless RV.com, its officers, directors, shareholders, employees, agents, assigns, suppliers, affiliates and third party partners from and against any cause of action or claim, including all losses, expenses, damages, costs and reasonable attorneys’ fees, resulting from any violation by you of these Terms and/or your use of the Site and the content thereof.
11. Void Where Prohibited. This Site and its contents are intended to comply with the laws and regulations in the United States of America ("U.S."). Although the information on this Site is accessible to users outside of the U.S., the information on the Site pertaining to RV.com’s products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and practices that differ from those in the U.S. RV.com reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any item on this Site that is construed as an offer for any product or service made on this Site is void where prohibited.
12. Change of Terms. RV.com reserves the right to modify these Terms at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms, as modified. For this reason, we encourage you to review these Terms for updates or any changes whenever you use the Site.
13. Security. You are prohibited from violating or attempting to violate the security of this Site. RV.com will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
14. Links. Links to the Site are welcome, provided that the link is to the homepage only. However, RV.com reserves the right to terminate any link found on the Site at any time.
15. Miscellaneous. These Terms constitute the entire agreement between RV.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between RV.com and User dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of these Terms, RV.com may pursue any legal or equitable remedy available, including but not limited to, direct, indirect, special, consequential, compensatory, punitive and incidental damages and injunctive relief. RV.com’s remedies are cumulative and not exclusive. Failure of RV.com to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action of User arising out of or regarding these Terms must be filed by User within one (1) year after such claim or cause of action arose or be forever barred. RV.com makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this Site are responsible for compliance with all applicable local laws. These Terms, your use of this Site, and any dispute arising therefrom, shall be governed by the laws of the State of Indiana, U.S., notwithstanding any conflicts of law principles. Any action relating to these Terms and/or the Site must be filed and maintained in a state or federal court located in Elkhart County, State of Indiana, U.S., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.