Terms & Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE OR OBTAINING MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH
THIS WEB SITE. RVSales.com, Inc. RVSales.com is a classified listing service for
pre-owned RVs. Services are offered to private parties, dealers and brokers on a
common platform. These Terms and Conditions set forth certain rules and policies
that govern the use of this web page and transaction network ("Web Site"), and therefore
it is important that you read these Terms and Conditions carefully. By using this
Web Site, you agree to be bound by the Terms and Conditions below and you represent
and warrant to RVSales.com and its Affiliated Entities that you are authorized to
be bound by these Terms and Conditions, both personally, and on behalf of any legal
entity of which you are a representative, agent or employee, when you are acting
in such capacity as a representative, agent or employee. Please note that because
these Terms and Conditions are subject to change, we advise you to read these Terms
and Conditions regularly. If you continue to access and use this Web Site after
changes to the Terms and Conditions are posted, your use shall be deemed to constitute
acceptance of all revisions. It will be your responsibility to review this page
for possible modifications. If you do not agree with these Terms and Conditions,
please do not access, visit nor make any use of this Web Site or the information
or content included in the Web Site.
General Rules and Policies
These Terms and Conditions set forth certain rules and policies that govern the
use of this Web Site generally. However, some sections of this Web Site are governed
by additional terms and conditions. For example, our Privacy Policy details how we collect and handle "personally
identifiable information" you may provide to us through this Web Site. Those separate
terms and conditions are in addition to these Terms and Conditions, which govern
your access and use of this Web Site, any content, materials or information provided
by RVSales.com. and its Affiliated Entities on or from this Web Site ("Content")
and any e-mail correspondence between us.
Your privilege to access and contribute to this Web Site is subject to your continuing
compliance with these Terms of use. By using this Web Site, you agree to be bound
by the Terms and Conditions below and any applicable additional terms and conditions
applicable to specific sections of this Web Site, and all applicable international,
national, federal, state and local laws and regulations.
Unless otherwise expressly provided, Content offered on this Web Site does not constitute
an offer or solicitation to conduct business in any jurisdiction. Persons accessing,
visiting or using this Web Site must satisfy themselves that the laws of their country
allow them to access the information or must refrain from accessing, visiting or
using the Web Site accordingly.
Disclaimer of Warranties
Your use and access of this Web Site is at your own risk. Your use and access of
this Web Site is without warranty of any kind, and any Content on this Web Site
is provided "as is". To the fullest extent permissible by applicable law, RVSales.com
and its Affiliated Entities hereby disclaim all warranties, express or implied,
including, but not limited to, warranties of merchantability, fitness for a particular
purpose, title, and non-infringement.
While RVSales.com and its Affiliated Entities use reasonable efforts to include accurate
and up to date information on this Web Site, we make no warranties or representations
as to the accuracy, adequacy, completeness, timeliness or fitness for any specific
purpose of the Content included or referred to in this Web Site or the reliability
and honorableness of its sources. There may or may not be technical
inaccuracies or typographical errors contained in this Web Site, and we will correct
such items at our sole discretion as they are discovered. RVSales.com and its Affiliated
Entities assume no liability or responsibility for any errors or omissions in the
Content of this Web Site. There is no warranty that any particular results may be
obtained by use of this Web Site.
We do not guarantee that the Web Site or the server that operates it are free of
viruses or other harmful components. It is your responsibility to maintain backup
files adequately and to update virus detection software to protect the integrity
or security of your computer system. If, as a result of your direct or indirect
use of this Web Site, you determine that your property or equipment requires servicing
or replacing, you hereby acknowledge that we are not responsible for any costs incurred.
Limitation of Liability
You expressly understand and agree that RVSales.com and its Affiliated Entities
shall NOT be liable for any direct, indirect, incidental, special, consequential,
punitive, special or exemplary damages, including, but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses whether based on
breach of contract or warranty, tort (including negligence), product liability,
contract or otherwise (even if we have been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use this Web Site; (ii) the cost
of procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or transactions
entered into through or from this Web Site; (iii) unauthorized access to or alteration
of your transmissions or data; (iv) statements or conduct of any third party on
this Web Site; or (v) any other matter relating to this Web Site or your use of
this Web Site.
Links to Third Party Web Sites
We may provide links to other world wide Web Sites or resources. We have no control
over such sites and resources and we make no representations about any content or
material available at these locations. We are not responsible for the availability
of such external sites and resources and will not be responsible or liable, directly
or indirectly, for any damage or loss caused by or in connection with the use of
or reliance on any content or material available from such external sites and resources.
By linking to a third party Web Site, or by being a target of a link from a third
party Web Site, RVSales.com and its Affiliated Entities do not endorse or recommend
any products or services offered on such third party Web Site. We do not make any
representation, implied or explicit, as to the accuracy or reliability of the information
to be found, directly or indirectly, on any third party Web Site. Linking to or
from any third party Web Site pages or other Web Sites is at your own risk.
Intellectual Property Rights
The Content contained in this Web Site is protected by intellectual property rights,
which are claimed by RVSales.com, its Affiliated Entities or third parties. These
intellectual property rights include, but are not limited to, patents, trademarks,
trade names, inventions, copyrights, (registered and unregistered) design rights,
databases, or know how and any other intellectual property relating to the Web Site,
the Content, and products of RVSales.com, its Affiliated Entities and third parties.
The Content may not be used (except as provided in these Terms and Conditions, the
applicable terms and conditions associated with that section of this Web Site, or
any additional terms or licenses which we designates as applicable to such Content)
without the prior written permission of RVSales.com, its Affiliated Entities or
the third party owner of the intellectual property rights in question. Nothing contained
on this Web Site should be construed as granting you, your agents or employees any
license or written permission to use the Content or intellectual property rights.
Subject to the paragraph "Export Controls and Special Obligations for International
Users," you may use the Content, but only while accessing this site, and print one
copy of any Content posted on the site, but in all cases, only for your personal,
non-commercial use, provided you also retain and do not alter any copyright and
other proprietary rights notices contained on the Content. Except as expressly provided
above, all rights are reserved.
RVSales.com and its Affiliated Entities do not otherwise authorize you to distribute,
modify, transmit, reuse, report, decompile, reverse engineer or use any Content
and other contents of the Web Site for public or commercial purposes, including
any text, images, audio or video that may be provided. Your unauthorized use of
any intellectual property rights, Content or any other content on the Web Site is
strictly prohibited. Please be aware and advised that we will aggressively enforce
our intellectual property rights to the fullest extent of the applicable law.
RVSales.com. and its Affiliated Entities do not warrant or represent that your use
of Content contained in or displayed on this Web Site will not infringe intellectual
property or other rights of third parties.
Trademarks
The trademarks, logos, service marks, taglines and graphics and graphical interfaces
(collectively the "Trademarks") displayed on this Web Site, including the following
logo, the "Inspected & Protected" logo and all RVSales.com iconography
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are trademarks of RVSales.com, Inc. All other trademarks, logos, service marks,
taglines and graphics and graphical interfaces depicted herein are the properties
of their respective owners. Nothing contained on this Web Site should be construed
as granting to you or any other party, by implication, estoppels, or otherwise,
any license or right to use any Trademark displayed on this Web Site without the
written permission of RVSales.com, its Affiliated Entities or such third party that
may own the Trademarks displayed on this Web Site. Your misuse of the Trademarks
displayed on this Web Site, or any other Content on this Web Site, except as provided
in herein, is strictly prohibited. Use of any RVSales.com trademarks as metatags
on other Web Sites also is strictly prohibited.
Unauthorized Access, Use or Modification
Access to and use of password protected and / or secure information areas of the
Web Site is restricted to authorized users only. Unauthorized individuals attempting
to access this information or these areas of the Web Site may be subject to prosecution.
You may not transfer any files, programs or e-mails containing any viruses, trojan
horses, worms, or other computer programming routines that may harm, corrupt, expropriate
information from, or place a disproportionately large burden on this Web Site, it's
files or databases, or those of its users. You may not access or tamper with non-public
areas of this Web Site, or postings of other members or their files without the
express, written authorization of RVSales.com. You may not harvest or otherwise
collect information about others, including e-mail addresses.
You may not "frame" or otherwise confuse users as to the origin of this Web Site
without the express, written permission of RVSales.com. You may set up links from
other Web Sites to the home page of this Web Site. However, you must first obtain
the prior written consent of RVSales.com or its appropriate Affiliated Entity to
set up links to any other pages within this Web Site, whether by hypertext linking,
deep linking, framing, tagging or otherwise.
Confidentiality of User Communications
The information provided by you during any registration procedure on this Web Site,
along with certain other "personally identifiable information" is subject to our
Privacy Policy. For more information see our Privacy Policy . However, you should
assume that any other communication or information you transmit through, to, or
in connection with this Web Site will not be private. By accessing and using this
Web Site, you expressly authorize RVSales.com and its Affiliated Entities to treat
any communication or information you transmit through, to, or in connection with
this Web Site as non-confidential and non-proprietary, and further hereby grant
us a perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt,
distribute, publicly display, and delete all or any portion of such communication
or, without further permission from you. You represent and warrant that you are
the owner of any copyright to such communication or information or have the permission
of the copyright owner to post or transmit such communication or information. If
such communication or information is confidential or proprietary, you should not
transmit it. If you do transmit any communication or information, RVSales.com and
its Affiliated Entities may use and share such communication or information for
any purpose, including but not limited to research, development or manufacturing
activities.
Termination and Indemnification
RVSales.com and its Affiliated Entities reserve the unconditional right to terminate
your access to and use of this Web Site at any time, without prior notice, if we
believes you to have violated any of these Terms and Conditions, or other terms
and conditions applicable to a section of this Web Site. You agree, at your own
expense, to indemnify, defend and hold harmless RVSales.com and its Affiliated Entities
, its officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Web Site from and against all losses, expenses,
claims, actions, damages and costs, including reasonable attorneys' fees, resulting
from your use of this Web Site, any violation by you of these Terms and Conditions
(or other terms and conditions applicable to a section of this Web Site) or our
termination of your access to or use of this Web Site. Such termination will not
affect the rights or obligations of you, or your representatives, agents or employees,
which accrued before such termination. We reserve the right to seek all remedies
available at law and in equity for violations of these Terms and Conditions, including
the right to block access from a particular Internet address or user to the Web
Site.
Complete Agreement; Miscellaneous
These Terms and Conditions, and any applicable additional terms and conditions applicable
to specific sections of this Web Site, constitute the entire agreement between you
and RVSales.com and its Affiliated Entities relating to your access to and use of
this Web Site and supersede any prior or contemporaneous representations or agreements.
In the event of a conflict between these Terms and Conditions and the additional
terms and conditions relevant to a specific section of this Web Site, such additional
terms and conditions will prevail over these Terms and Conditions with respect to
those specific sections of this Web Site. We may assign our rights and duties under
these Terms and Conditions (or other terms and conditions applicable to a section
of this Web Site) to any party at any time without notice to you. You may not transfer,
assign or delegate your rights or obligations under these Terms and Conditions to
any third party. Any such assigns, transfers or delegations shall be deemed null
and void. Neither the course of conduct between the parties nor trade practice shall
act to modify any provision herein. Our failure to insist upon or enforce strict
performance of any provision herein shall not be construed as a waiver of any provision
or right.
Governing Law and Jurisdiction
These Terms and Conditions (and other terms and conditions applicable to a section
of this Web Site), and the relationship between RVSales.com., its Affiliated Entities
and you shall be governed by the laws of the State of California without regard
to its conflict of law provisions. Any legal action concerning these Terms and Conditions
or this Web Site must be brought within one (1) year after the claim or cause of
action arises and must be brought in the State of California, without prejudice
to RVSales.com. and its Affiliated Entities or the Web Site user's right to bring
suit before a court of competent jurisdiction.
Construction and Enforceability
If any portion of these Terms and Conditions (or other terms and conditions applicable
to a section of this Web Site) is found by a court of competent jurisdiction to
be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve
as closely as possible the same effect as originally drafted. Any invalid or unenforceable
portion should be construed as narrowly as possible in order to give effect to as
much of the Agreement as possible. Any unaffected provision of these Terms and Conditions
shall remain in full force and effect.
Any rights not otherwise expressly granted by this Agreement are reserved by
RVSales.com and its Affiliated Entities.
© Copyright 2006 RVSales.com All Rights Reserved.
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