TERMS & CONDITIONS
Please read this Terms and Conditions ("Agreement") carefully before using any of the services provided by Company. By using this website and the services of Company, "The Camper Concierge", you are agreeing to all the terms contained herein. Agreement applies to Terms and Conditions in this form, any addenda and additional materials provided and signed at the time of rental by Renters and Authorized Drivers. If you do not agree to this Agreement, your only recourse is to not use the website or services of Company. Our Privacy Policy is incorporated by reference into this Agreement.
Company reserves the right to update this Agreement and any other legal policies at any time, at the sole discretion of Company, with or without notice to you. Any modification to our legal policies will take effect immediately. Your continued use and access to the website and services indicates that you agree to any and all modifications to our legal policies and acknowledge you will be bound to the terms contained therein.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “ you” and “your” will refer and apply to that company or other legal entity
Disclaimer.
Company is not and does not hold itself out to be a party, in privity or the third, in rental agreements between RV Owner and/or RV Renter. Company does not endorse or hold itself out to endorse any users, whether RV Owner or RV Renter. In addition, Company is not a RV Broker, Agent or Insurer. Company does not have control over the conduct of RV Owners and/or RV Renters or any others that may use this site or Services provided by Company. Company expressly disclaims all liability in regard to the above. Accordingly, Owners and Renters are acting on their own behalf and at their own risk.
Key Terms
“RV” means recreational vehicle and includes all equipment, hookups and/or ancillary parts included with each vehicle per Rental Agreement.
“RV&V” also referred to as "us" "we" or "our" means employees, officers or agents of Company, RV&V aka The Camper Concierge.
“Company Content” means all Content that Company makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Company Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.
“Renter” means a Member who requests a booking of a RV via the Services, or a Member, or other Authorized Driver who signs a Rental Agreement and uses a RV and is not the Owner for such RV. All Renters are jointly liable and bound to these Terms and Conditions.
“Owner” means a Member who owns an RV and creates a Listing via the Services.
“Authorized Driver” means the Renters and any additional drivers authorized to drive the vehicle per the Rental Agreement. Authorized Drivers must meet the same age and license requirements as the Renter and guarantees that by operating RV they are capable, competent and qualified to operate the vehicle. Only Authorized Drivers are allowed to drive the RV. All Authorized Drivers are jointly liable and bound to these Terms and Conditions.
"Rental Agreement” means the documents that are signed between Owner and Renter and any Authorized Drivers at the time of rental of RV.
“Listing” means a vehicle that is listed by an Owner as available for rental via the Services.
“Member” means a person who completes Company’s account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
Services.
Company is in the business of connecting RV Owners to RV Renters so that Renters may rent Owners RV’s for a period of time for a price negotiated by the Parties (“Services”). Parties may engage Company for Services through Company’s communication tool or through a request for quote. The Services are intended to be used to facilitate the booking of RV’s.
Insurance
It is the sole responsibility of RV Owners to ensure that RV Renters have obtained and secured the proper insurance coverage for the rental period. Additionally, it is the sole responsibility of RV Owners to check the insurance policy of the Renters to make sure that the policy obtained is in compliance with state and federal law minimums for liability, collision, under/un-insured and comprehensive insurance coverage for rented RV. Renters agree to provide insurance and are responsible for all damage, theft or loss of RV while renting the vehicle, including but not limited to cost of repairs or the actual cash retail value of the RV on the date of loss. Company does not provide insurance nor ensure that Renters have obtained insurance for the rental period.
Forms
Any and all forms provided by Company, regardless of the nature of the contract, form, or documentation, are provided as a template and are not to be considered representation or prepared for either party on behalf of Company. Parties are responsible for ensuring that contracts provided by Company are in compliance with all state and federal regulations.
Other Policies
Minimum Age
Listing services are restricted to those persons who are twenty - one (21) and older. Rental services are further limited to those persons who are twenty - five (25) and older in accordance with state and federal laws. Any access or use of the Services by anyone under those age restrictions is expressly prohibited. By utilizing the Services, you warrant you are the requisite minimum age.
How Services Work
Company offers Services for RV Owners and RV Renters. RV Owners may use Company platform to list Owner’s RV for rent. Owner will receive quote requests providing information about prospective renters through Company’s communication tool.
RV Renters may use Company to search for potential RV’s to rent from RV Owners. Renters may request a Booking or custom quote from the Owner via Company’s communication tool. If you wish to book a RV or create a Listing, you must first register to create an Account (see below).
Owner and Renter will agree to all RV rental pricing and terms between the parties. All payments by Renters are via credit card, check, or cash. The 25% deposit will be paid via our website checkout cart. The remainder will be paid directly to the Owner via the Renter. Owner is responsible for requesting payment from Renter. In the event that the rental is is booked thirty (30) days in advance, after deposit is paid the remaining payment may be broken into two (2) installments. Final payment must be received fifteen (15) days prior to rental dates.
Company holds any payments received directly during the thirty day period, rental period, and will release the funds (minus all applicable Company fees) forty - eight (48) hours after the end of the rental date.
As stated above, Company is a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of RVs. Company is not an owner or operator of RVs, including, but not limited to, trailers, towables, campers, vans, coaches, or other RVs, nor is it a provider of RVs and Company does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control RVs, or transportation or travel services. Company’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RVS. COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RVS. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S AND OWNER’S OWN RISK.
Account Registration
In order to list an RV as available for rental, RV Owners must sign up with an account through Company. RV Renters must create an account in order to use the Service provided by Company. Only account users will be able to contact an RV Owner or request a Booking or quote . Anyone may browse the site, as long as they are in compliance with these terms of service.
RV Listing
By listing an RV, Owners are agreeing to provide true and accurate information and are representing that the information that they are providing is accurate, that the photos contained in the listing are actual photos of the RV being advertised, and that they are not misrepresenting their RV in any way through the listing.
Company disclaims any responsibility for accuracy of the information provided by the RV Owners. Company reserves the right to edit any portion of the listing including the content or the photos contained and provided in the listing. Further, Company reserves the right to terminate any listing, without notice to you, either temporarily or permanently, if Company believes that any of the information whether content or photos are inaccurate and/or misrepresent the RV in any way.
Accuracy of Information
Although these Terms require all Parties to provide accurate information, Company does not attempt to confirm, and do not confirm, any Party’s purported identity or other information provided by the Party. It is your sole responsibility for determining the identity and suitability of others who you contact via the Services. Except as provided by this Agreement, we will not be responsible for any damage or harm resulting from your interactions with any Party through this website or the Services.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Parties or other third parties will be limited to a claim against the particular Party or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Company with respect to such actions or omissions. This limitation shall not apply to any claim by an RV Owner against Company regarding the remittance of payments received from a RV Renter by Company on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “ Limitation of Liability”.
Booking and Financial Terms
A RV rental booking is only reserved when the first (or only) payment on a booking reservation has been processed through Company’s secure payment system. At the Owner’s discretion, after the deposit is paid, they may split the booking payment in to two installments if and only if the rental dates are more than thirty (30) days in advance of the first payments, but, all final payments must be made on or before fifteen (15) days prior to the rental date. If payments are collected in full Company will release payments, minus all applicable fees collected by Company, to Owners twenty - four (24) hours after the end of the rental date.
If you are an Owner and a booking is requested for your RV via the Services, you may be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Company in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a summary of the Renter’s request and basic information, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a RV within such 48 hour period, any amounts collected by Company for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Company will send you an email, text message or message via the Services confirming such booking. Owner is required to verify license and insurance of Renters. Owner may confirm booking contingent upon verification of license, driver's motor vehicle report and insurance.
RV Return
RVs must be returned in the same conditions as received, to the place and at the time specified in Rental Agreement. If Renters wish to extend their rental it must be approved by RV&V or Owner. If RV is to be picked up or left for Owner, Renters remain responsible for safety of, and any damage to, the RV until the Owner is able to take possession and inspect the RV. RV&V and Owners reserve the right to reposes RV or cancel trip without cause if necessary. In the event Renter must end trip early Owner and/or RV&V will need to be contacted regarding any cancellations or early return of RV. No refunds are issued for early return.
Appointment of RV&V as Payment Agent for Owner
Each RV Owner hereby appoints Company as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner only if the Owner does not accept credit cards and the Renter wishes to pay all with a credit card or the Renter pays the entire rental fee at initial booking. Each Owner agrees that payment of RV fees made by a Renter to Company shall be considered the same as a payment made directly to the Owner and the Owner will make the RV available to Renter in the agreed upon manner as if the Owner has received the RV Fees. Each Owner agrees that Company may, in accordance with the cancellation policy, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the RV Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, Company assumes no liability for any acts or omissions of the Owner. Owner understand and recognizes Company as the payment agent and that Company controls the dispersal of all funds in accordance with these Terms or Service and cancellation policy as agreed by Owner and that Company has the final say in all payment disputes.
Please note that Company does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Company reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Company will provide notice of any such additional fees via the Services, prior to implementing such fees.
Fees and Payment.
Security Deposit. Owners are encouraged to collect and hold the security deposits, determined by their required insurance deductibles, upon renting their vehicle. If there are damages the security deposit funds will be used to pay for the damages. Any differences or unused deposit is refunded to the renter.
Company will collect and hold in escrow a security deposit forty - eight (48) hours prior to the rental date for RV Owners if the Owner wishes us to. Company will hold all security deposit funds during the rental period. RV Owners have the right to request a payment from the security deposit funds 24 hours after the rental period in writing to Company. Company will review the request for payment and release the requested amount to RV Owners. Should a dispute arise between the Parties, Company will use commercial standards and act as a third party neutral to settle any disputes. Company will have the final authority on all security deposit dispute resolution.
Security deposit may be applied towards any unpaid fees or returned checks as well as fees incurred for a stranded RV and the applicable expenses to recover stranded RV.
Service Fees. Fees for Services are 25% of the entire rental total. Payment for Services will be paid via credit card or ACH directly to Company. Payment is collected at the time the rental is requested unless otherwise agreed by Company and Party. Company reserves the right to increase fees at the end of each term without notice to Party. In the event of non - payment or late payment, Company reserves the right to suspend services until the full amount due are paid in full. Late payments may be subject to a late fee penalty at the maximum legal rate.
RV&V Renter Fee Policy
The fees you see listed below are related to any post rental resolution between the Owner and the Renter. Failure to charge any of the fees below shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.
Administrative & Misc Fees
RV&V reserves the right to charge a one-time administrative fee of $30 for any resolution fee. Returned checks will result in a $30 administrative fee. Renters will pay any legal costs incurred to collect payments or enforce or defend these Term and Conditions or the Rental Agreement.
Late Fee
If a renter returns the RV after the agreed rental period end time, they will be charged a late fee. This late fee is calculated by combining a one-time administrative fee of $30.00 plus the prorated hourly rental rate (based on the daily rate for the RV rented). There is a one hour grace period with each rental. If the late return results in the disruption of another rental or if RV&V needs to find the owner of the RV alternative transportation due to the late return, the renter will pay the full daily rate for every (8) hours the RV is late and an additional $100 administrative fee. These charges will be added to the initial rental rate agreed upon by the Owner and Renter. If Renters wish to extend their rental it must be approved by RV&V or Owner.
Dirty RV Fee
We understand that RVs get dirty out on the road. Returning a RV with a “normal” amount of dirt is acceptable and will not result in any additional charges. However if an RV is returned covered in dirt, soot, trash, food, wine stains, etc, and you do not clean the RV prior to returning it, the Owner may require the Renter be charged an additional cleaning fee. These fees may vary from Owner to Owner.
No-Show Fee
If the RV Owner does not show up to meet the Renter and make the RV available for the Renter at the agreed upon rental start time, RV&V will treat this as an Owner cancellation. The Owner will be responsible for returning all monies paid to the Renter. If the Renter is a no-show, it will be treated as a Renter cancellation and subject to the cancellation policy terms.
Refueling Fee
Renters should check with the RV owner to discuss their fuel options and miscellaneous charges before the rental begins. The RVs gas tank and propane tanks should be full when you pick it up, but be sure to discuss expectations and options. The typical refueling option that our Owners offer is:
The Renter refuels the RV prior to the end of the rental and returns it with the same amount of fuel at the time of pickup. If the rented RV is not refueled upon return, the amount will be charged to the renter plus a 10% administrative and processing fee.
Over mileage Fee
Renters will be responsible for paying for any mileage over agreed upon limits per Rental Agreement per Owners terms.
Tank Fee
Renters will be responsible for a $25 tank fee if water and water tanks are not emptied as agreed upon in Rental Agreement.
Damages to RV’s
RV Renter will be solely responsible for the condition of the RV which includes both the full interior of the RV and any and all parts of the exterior of the RV during the rental period and also the condition that the RV is returned to the Owner. RV Renters will be held liable for any and all damages that occur during the rental period. Further, RV Renters will be held liable for any damage that cannot be proven to have existed prior to the rental period. Renters agree to provide insurance and are responsible for all damage, theft or loss of RV while renting the vehicle, including but not limited to cost of repairs or the actual cash retail value of the RV on the date of loss. All Parties agree to assist Company in the settlement of security deposit claims and dispute resolution. A $100 fee will be incurred for stranding an RV (in addition to any costs incurred to repair & recover the RV). The amount will be charged to the renter plus a 10% administrative and processing fee. Damages to cushions, appliances, cabinetry, electronics and items not covered under insurance will be charged the actual cost of parts plus hourly labor costs needed to repair the damaged item. In the event that replacement is needed refer to lost item fee. Service to RV or any replacement parts required during rental must be approved by owner or RV&V. Renters are responsible for maintaining vehicle during rental. Renters must report accidents, theft, and other incidents of damage or vandalism to RV&V, owner, and police as soon as discovered.
RV&V and the Owner may repossess the RV at Renters expense and without notice if RV is abandoned or used in violation of law or these Terms and Conditions.
Lost Item Fee
Any lost or damaged items will be valued at Good Sams or Amazons Internet retail pricing for comparable item(s). The amount will be charged to the Renter plus a 10% administrative and processing fee.
Smoking Fee
Smoking is not allowed and if detected will result in a $350 fee plus a $25 administrative and processing fee charged to the Renter.
Toll, Parking and Moving Violations Fee
Renters will be responsible for any parking or moving violations and should report any accidents to police. Renters will be billed for any outstanding toll charges plus a $10 administrative fee.
Canellations and Refunds
RV&V offers a standard cancellation policy to RV Owners.
Standard: Renter may receive a full refund of money collected minus processing fees up to 30 days before rental, 50% refund of money collected minus processing fees within 30-14 days of rental, no refund within 14 days of rental.
Renter will agree upon the cancellation. Any Renter who wishes to cancel their booking must email rvandv.net with their booking number and cancellation request. All cleaning fees are refunded to the Renter if the Renter does not use the RV. Any and all fees that are collected by Company are non - refundable.
Taxes.
IRS regulation, regarding federal tax reporting requirements, stipulates that Company must collect IRS Form W-9 from all RV Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Company cannot and does not offer Tax-related advice to any Party of the Site, Application and Services. Additionally, please note that each RV Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Please verify your local sales tax and rental tax policies. Where applicable, or based upon request from an Owner, Company may issue a valid VAT invoice to such Owner.
Prohibited Uses
Renters agree to protect all passengers and the public from injury and protect the RV from damages and agree to be responsible for any injury to passengers and the public and any damages to the RV. The following uses of the RV are prohibited and are breaches of this agreement. Renters waive all recourse against RV&V and Owners for any criminal reports or prosecutions taken against Renters that arise out of Renters breach of these Terms.
Renters shall not permit the use of the RV:
by anyone who is not an Authorized Driver or whose driving license is suspended
by anyone under the influence of drugs or alcohol
by anyone who obtained the RV by giving false or fraudulent information
in furtherance of any illegal purpose or violation of the law
to carry person or property for hire
to push or tow anything other than the vehicle towing the trailer per Rental Agreement, to teach anyone to drive or carry anything on the roof of RV
in any race, speed test or contest
to carry dangerous or hazardous items or illegal materials
for travel outside of the US or Canada, specifically into Mexico
when loaded beyond capacity per manufacturer specs
on unpaved surfaces, except in designated campgrounds or for pre-approved events
to transport passengers in an unsafe manner such as transporting more persons that seat belts, outside the passenger compartment or children without proper child safety features as required by local laws.
when the odometer has been tampered
when the RV fluid levels are low or it is otherwise reasonable to expect Renters to know that further operation would damage the RV
in a manner that causes damage to RV due to inadequately stored cargo
after an accident with the RV unless and until Renter summon the police to the accident scene
for anyone sitting, standing, or lying on the roof of the RV
Term
The terms of this Agreement shall become effective upon the date of which Services for Party begin. This Agreement shall remain in effect for one (1) full year and shall renew for subsequent one (1) year terms thereafter.
Termination
Party may terminate this Agreement with Company at any time with written notice of Parties intent to cancel. Company may terminate this Agreement at any time for any reasoning, with no notice to Party. Upon termination or expiration of this Agreement, the following provisions shall survive: Reservation of Rights, Confidential and Proprietary Information, Disclaimer of Warranty, Limited Warranty, Limitation of Liabilities, Survival, and Miscellaneous Provisions.
Reservation of Rights.
Company. Company expressly reserves all rights in the Service and all other materials provided by Company hereunder not specifically granted to Party. It is acknowledged that all right, title and interest in the Service and all other materials provided by Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Company (or third party suppliers, if applicable) and that the Service and all other materials provided by Company hereunder are licensed on a services subscription basis and not “sold” to Party. Names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Company or other entities. Party is not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Company or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.
Confidential and Proprietary Information.
To the extent Confidential Information is disclosed, the Company and Party shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not disclose Confidential Information to anyone except as required by law. Upon termination of the Contract, each party shall return all confidential information to its rightful owner as promptly as possible.
This Agreement does not give Party any rights in Company's intellectual property or technology. Company and related trademarks and logos are the exclusive property of Company. Company and Party agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Company from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
Disclaimer of Warranty
The Services provided under this Agreement are provided on an as is, as available basis. Company does not make any warranties that the Services will be successful or error free; nor do they make any warranties as to the results that may be obtained from the purchase of the Services as to accuracy, reliability or content of any information, services or merchandise contained in or provided through the services.
WE ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM PARTY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Limited Warranty
Company represents and warrants to Party that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other Partys for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Party or any third parties; or (c) that resulted from Party's equipment or any third-party equipment not within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY OFFER PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO PARTY HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.
Notwithstanding anything to the contrary in this Agreement, Company maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Party for the purchase of the offer which gave rise to such damages, losses and causes of actions.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification
Party agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims for injury, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties (i) arising out of or relating to Party's purchase of the offer, (ii) any breach of any representation, warranty or covenant of Party contained in this Agreement or (iii) any acts or omissions of Party. The terms of this section shall survive any termination of this Agreement.
Waiver of Jury Trial
Both Party and Company hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Company each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have counsel review this Agreement and this waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.
Miscellaneous
Independent Contractor. Company and Party are independent contractors and nothing contained in this Agreement places Company and Party in the relationship of principal and agent, master and servant, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state or federal court located in Dallas County, Texas. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Party or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Party and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective when posting to Company Web site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Party via electronic mail to the Party's electronic mail address as maintained in Company’s billing records.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. Party may not modify, assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Violation of the Terms. You understand and agree that in the sole discretion of Company and without prior notice, Company may terminate your access to the Site, cancel your order or exercise any other remedy available and remove any unauthorized User Content, if Company believes that the User Content you provided has violated or is inconsistent with these Terms of Use, violated the rights of Company, another User or the law. You agree that monetary damages may not provide a sufficient remedy to Company for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Company may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Company is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.
Copyright Policy. We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it's agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred
Links. The Site may automatically produce search results that reference or link to third party sites throughout the global Internet. Company has no control over these sites or the content within them. Company cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Company does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.
Member Content and Feedback. Company, in its sole discretion, may permit Parties to post, upload, publish, submit, or transmit Member Content.
By making available any Member Content on or through the Site, Application and Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Company’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We love to hear what you have to say about Company whether good or bad and encourage all Parties to provide feedback, comments, and suggestions to us at any time. You may send us feedback at rvandv.net. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to RV&V all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.