RV Canada Access Agreement
Please read this Agreement carefully before accessing the RV Canada. As a condition to and in consideration of receiving and accessing the RV Canada, the User agrees to be bound by the terms of this Agreement. Use of or access to the RV Canada shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE RV Canada.
RV Canada Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between RV Trader and any individual, corporation, association, agency, company, or other entity who accesses or uses the RV Canada (the "User" or "you").The RV Canada, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. The RV Canada is owned and operated by RV Trader. The RV Canada contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the RV Canada that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the RV Canada.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the RV Canada and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the RV Canada.1.2 User Conduct.
You agree to access and use the RV Canada only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the RV Canada, including any Interactive Area, (ii) the use of any networks or other services connected to the RV Canada, and (iii) the communications means by which you connect your modem, computer, or other equipment to the RV Canada. By accessing the RV Canada, you agree that you will not:(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the RV Canada;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 RV Canada content.
(a) You acknowledge that Content on the RV Canada is generally provided by the RV Canada, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the RV Canada permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the RV Canada owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The RV Canada" and its URL address. You acknowledge that the RV Canada, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the RV Canada only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the RV Canada, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the RV Canada the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the RV Canada to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.3. Interactive Areas
You acknowledge that the RV Canada may include various interactive areas ("Interactive Areas"), including but not limited to ads. These Interactive Areas allow feedback to the RV Canada and real-time interaction between users. You further understand that the RV Canada does not control the messages, information, or files delivered to such Interactive Areas and that the RV Canada may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the RV Canada, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the RV Canada cannot, and does not intend to, screen communications in advance. Moreover, because the RV Canada encourages open and candid communication in the Interactive Areas, the RV Canada cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The RV Canada is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the RV Canada has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the RV Canada may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The RV Canada reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written RV Canada policy in effect at that time, (ii) be harmful to the rights of any User, the RV Canada, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the RV Canada in operating the RV Canada, or any change in Content, is for you to discontinue accessing the RV Canada. The RV Canada may terminate or temporarily suspend your access to all or any part of the RV Canada, without notice, for conduct that the RV Canada believes is a violation of this Agreement or any policies or guidelines posted by the RV Canada, or for other conduct which the RV Canada believes, in its sole discretion, is harmful to the RV Canada or other Users. The RV Canada may discontinue operating the RV Canada and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the RV Canada, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the RV Canada, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at the RV Canada, neither the RV Canada, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the RV Canada. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the RV Canada or controlled by the RV Canada. The RV Canada neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the RV Canada, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the RV Canada, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the RV Canada or your inability to access the Internet or any site linked to or from the RV Canada.5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the RV Canada. It is the policy of the RV Canada not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RV Canada IS AT YOUR SOLE RISK. NEITHER THE RV Canada NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE RV Canada OR ANY INTERNET SITE LINKED TO OR FROM THE RV Canada WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RV Canada OR ANY INTERNET SITE LINKED TO OR FROM THE RV Canada OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE RV Canada OR ANY SITE LINKED TO OR FROM THE RV Canada. THE RV Canada IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE RV Canada, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE RV Canada, OR ANY INTERNET SITE LINKED TO OR FROM THE RV Canada, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE RV Canada, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE RV Canada OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE RV Canada. THE CONTENT WITHIN THE RV Canada AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE RV Canada MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE RV Canada AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE RV Canada AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RV Canada IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY RV Canada SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE RV Canada, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RV Canada.
