These Terms of Service (“Agreement”) are between you, together with any entity you are representing (collectively, “You”), and RVing Beginner (“RVing Beginner,” “We,” “Us,” or “Our”). By registering with RVing Beginner, using Our website at RVingBeginner.com or any mobile version of Our website (together, “Site”), or using any services provided through Our Site (“Services”), (1) You agree to be bound by this Agreement, including the additional terms referenced in Section 1 below (“Additional Terms”) and (2) You represent that You are eighteen (18) years of age or older and, if You are representing an entity, You have all required authority and power to bind the entity to this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR ANY OF THE ADDITIONAL TERMS THAT APPLY TO YOU, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU RE NOT AUTHORIZED TO ACCESS OR USE OUR SITE OR SERVICES.
1. Additional Terms
(a) Please review the RVing Beginner Privacy Policy (“Privacy Policy”). The provisions of the Privacy Policy apply to You and are incorporated into, and considered a part of, this Agreement. (b) Please review Our other policies referenced in this Agreement and hyperlinked herein below. The provisions of such policies may apply to You and are incorporated into, and considered a part of, this Agreement.
2. Site Content
The RVing Beginner Site is a copyrighted work belonging to RVing Beginner. We or Our suppliers exclusively own the information and content made available on or through the Site (other than information or content You provide) and the information and content in any communications RVing Beginner sends You (collectively, “Site Content”). You may use the Site and Site Content only in accordance with this Agreement. Subject to the terms and conditions of this Agreement (including Your compliance with this Agreement), RVing Beginner grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to view and use the RVing Beginner Site Content (other than Software (defined in Section 4 below) which is licensed only under the terms of Section 4 below) for Your personal or internal business purposes. You may not use the RVing Beginner Site Content except as expressly authorized under this Agreement. You agree that any copy of the RVing Beginner Site Content that You make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as expressly authorized under this Agreement or to the extent otherwise permitted under applicable law, You may not use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any RVing Beginner Site Content in whole or in part without Our prior written authorization.
3. Your Account
To access or use Our Services, You will be required to register and obtain an account on the Site. You will receive (or choose) a password upon completing the registration process. You are responsible for maintaining the confidentiality of Your password, and all activities that occur under Your account. You agree to (1) immediately notify Us of any unauthorized use of Your account or any other breach of security and (2) ensure that You fully exit from Your account at the end of each session. We will not be liable (to You or any third party) for any loss or damage arising from or related to the unauthorized use of Your account (unless such use is directly caused by Our gross negligence).
4. Your Content
We agree that You retain ownership of all information and content You provide on Your website (“Your Content”) in connection with your use of the Services. During the period that RVing Beginner provides Services to You, You hereby grant to RVing Beginner, its affiliates and service providers a non-exclusive, revocable, non-sublicenseable, royalty-free, worldwide license, under all of Your applicable intellectual property rights, to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with Our Services), distribute such Content for purposes of providing the Services to You, or improving and promoting our Services and developing new ones. This license shall terminate if You stop using the Services.
5. Disclosure
As soon as you begin to use Our Service, You agree to add a disclosure to either Your terms of use, user agreement and/or privacy policy to inform Your end-users and customers of RVing Beginner’s access to their Personal Information through Your website, and adding a link to Our Privacy Policy which governs Our use of all such Personal Information accessed by RVing Beginner through Your website or through Your use of Our Services. Such disclosure shall contain not less than the following information including the link to our Privacy Policy:
“Third Party Analytics. We have engaged RVing Beginner to analyse the activities of visitors to this website, and RVing Beginner’s authorized use of cookies and other tracking technologies enable it to have access to Personal Information of visitors to this website. Such access to and use of Personal Information by RVing Beginner is governed by RVing Beginner’s Privacy Policy.”
6. Representations and Warranties.
You represent and warrant with respect to Your Content that: (i) You have all the rights necessary to grant the licenses granted herein to RVing Beginner in and to Your Content; (ii) Your Content will not infringe or misappropriate any third party’s intellectual property or proprietary rights; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities; (v) be obscene or contain child pornography; or (vi) You will use commercially reasonable endeavors to ensure Content does not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. In addition, You represent and warrant that Your use of the Services to collect or attempt to collect personally identifiable information of any person does not violate or breach any implicit or explicit agreement between You and such person or any implicit or explicit representation or warranty made by You to such person. You further represent and warrant that You will not use the Services to collect Personal Information from anyone You know or have reason to believe is under the age of 13. You shall not sublease Your account or other access to Your account to third parties; or engage in activities that may create liability for RVing Beginner, or its affiliates or service providers, or expose them to undue risk. Your failure to comply with the covenants set forth in this section will amount to a breach of this Agreement and is cause for immediate suspension and/or termination by RVing Beginner of the Services with or without notice to You.
7. Indemnity
You agree to indemnify and hold RVing Beginner, its affiliates, suppliers, and service providers, and each of their respective officers, directors, agents, and employees (“Indemnified Parties”), harmless from any and all losses, costs, liabilities, damages or expenses (including attorneys’ and expert witnesses’ fees) incurred by any party in connection with or arising from: (a) any breach of the representations or warranties in Section 6 of this Agreement, (b) Your Content, (c) Your use of the Services, or (d) claims made by any party based on Your breach of this Agreement or the Additional Terms.
8. Feedback
You are invited to send Us any feedback or suggestions regarding the Site, Site Content, or Services (collectively, “Feedback”), provided that RVing Beginner alone will own all right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby assign such Feedback to RVing Beginner free of charge. In the event such assignment is deemed to be legally unenforceable, You hereby grant RVing Beginner a worldwide, perpetual, irrevocable, exclusive, freely-transferable, fully paid, and royalty free license for RVing Beginner to reproduce, modify, create derivative works from, distribute and otherwise use and exploit in any manner and for any purpose any and all Feedback. If You do not want RVing Beginner to own or use Feedback, do not provide Feedback to RVing Beginner.
9. Third Party Links
The Site may contain links to other websites operated by third parties. Such third party websites are not under the control of RVing Beginner and RVing Beginner is not responsible for the content of any third party website or any link contained in a third party website. RVing Beginner provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If You decide to access any of the third party websites linked to the Site, You do this entirely at Your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. RVing Beginner MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY WEBSITE LINKED TO THE SITE INCLUDING ANY WARRANTIES OF THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OR ANY CONTENT OF A LINKED THIRD PARTY SITE.
10. Warranty Disclaimer
RVing Beginner IS PROVIDING THE SITE, SITE CONTENT AND SERVICES ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. RVing Beginner DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. RVing Beginner DOES NOT WARRANT THAT ANY SITE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR ERROR FREE. RVing Beginner DOES NOT WARRANT THAT USE OF THE SITE, SITE CONTENT, OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
11. Limitation of Liability
IN NO EVENT SHALL RVing Beginner BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SITE CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST USE, LOST DATA, OR LOST PROFITS, WHETHER OR NOT RVing Beginner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. IN NO EVENT SHALL RVing Beginner’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY ADDITIONAL TERMS), THE SITE, SITE CONTENT, OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED FIFTY DOLLARS ($50), OR IF YOU HAVE PURCHASED SERVICES FROM RVing Beginner, THE SUBSCRIPTION FEE PAID BY YOU FOR SUCH SERVICES LIMITED TO THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE FIRST CLAIM GIVING RISE TO SUCH LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ALTER THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to You.
12. Changes to Terms.
This Agreement, including any Additional Terms, are subject to occasional revision, and if We make any substantial changes, We will notify You by sending You an e-mail to the last e-mail address You provided (if RVing Beginner has such e-mail address in its records) or by posting notice of the changes on the Site. Any changes to this Agreement, including any Additional Terms, will be effective upon the earlier of thirty (30) calendar days following RVing Beginner’s dispatch of an e-mail notice to You or thirty (30) calendar days following RVing Beginner’s posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site, Site Content, or Services. Continued use of the Site, Site Content, or Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If You object to any change, Your sole recourse shall be to immediately terminate Your account and cease using the Site, Site Content, and Services. You should periodically visit this page and the pages at the URL referenced in Section 1 above relating to the Additional Terms to examine the then current Agreement and Additional Terms.
13. Modificiation
RVing Beginner reserves the right, at any time, to modify the Site, Site Content, or any part thereof or Services, or to modify, suspend, or discontinue the Site, Site Content, or Services, or any part thereof with or without notice. You agree that RVing Beginner will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, Site Content, or Services, or any part thereof.
14. General Provisions
You and RVing Beginner are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by RVing Beginner, in RVing Beginner’ sole discretion. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state or jurisdiction. By using the Site, Site Content or Services, You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit filed there against You by RVing Beginner arising from or related to this Agreement. This Agreement (which includes the Additional Terms) constitutes the entire agreement between You and RVing Beginner regarding the use of the Site, Site Content, and Services.
15. Questions
If You have any questions about this Agreement or any Additional Terms, please contact Us by e-mail at [email protected], marking the message “Attention: Terms.”
