Terms of Use |
Please read this agreement
carefully before accessing or using this site. By accessing or using the
site, you agree to be bound by this agreement. The information and
services on this site are provided by Software Carpenters Inc. dba Out2RV.com.
By accessing and using this site, you agree to the terms and
conditions below.
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Classified Listing Service
By using the Service, you acknowledge that the Service
is a listing and information service that brings together recreational vehicle (rv)
owners/dealers
and
rv renters. Information about a particular vehicle is supplied by the vehicle
owner/dealer, not by the Out2RV.com. The price and other terms of any rv rental
remain
subject to direct negotiation between you and the vehicle owner/dealer. The
Out2RV.com
cannot and does not verify the information that vehicle owners/dealers supply or
guarantee the vehicles they offer. When using the Service to find a vehicle,
it is recommended that you to use the same common sense and good judgment you
would use in responding to a classified ad in the newspaper.
Out2RV.com assumes no responsibility and in
no way warrants the accuracy of the information contained in any of the
pages published on Out2RV.com. None of the information contained
in any Out2RV.com internet publication is confirmed or warranted
in any way. We highly recommend Renters conduct their own research
regarding any and all advertising on Out2RV.com including, but
not limited to:
- Obtain references from past rv renters.
- Personal inspection of vehicle or request additional photos
from the owner/dealer.
- Request a copy of all owners/dealers policies.
- Insist on a rental agreement.
- Verify Insurance coverage.
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Disclaimer of Warranty
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OUT2RV.COM AND ITS SUPPLIERS DISCLAIM ALL EXPRESS
AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND
MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND
MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND.
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Limitation of Liability |
IN NO EVENT SHALL OUT2RV.COM BE
LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA
OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE
PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT
APPLY REGARDING LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE
REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE
SERVICE AND TERMINATE THIS AGREEMENT.
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Indemnification |
You agree to indemnify, hold harmless and defend Out2RV.com, its
shareholders,
directors, officers, employees and agents from and against any action, cause,
claim, damage, debt, demand or liability, including reasonable costs and
attorney's fees, asserted by any person, arising out of or relating to: (a)
this Agreement; (b) your use of the Service, including any data or work
transmitted or received by you; and (c) any libelous, slanderous, indecent or
other statement concerning any person made or republished by you.
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Proprietary Rights |
All materials on this site, including vehicle information and
photos, (as well as the organization and layout of the site) are
owned and copyrighted by Out2RV.com or its suppliers
and may be accessed, downloaded or printed for your personal
non-commercial use only. Without the prior written permission of
Out2RV.com or its suppliers, you may not copy,
distribute or transfer any material on this site, except for
vehicle information and photos, for in whole or in part.
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Changes to Site |
Out2RV.com and its suppliers may make improvements
or changes in the information, services, products, and other
materials on this site, or terminate this site, at any time without
notice. Out2RV.com may modify this agreement at any
time, and such modifications shall be effective immediately upon
posting of the modified agreement. Accordingly, you agree to review
the agreement periodically, and your continued access or use of this
site shall be deemed your acceptance of the modified agreement.
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Miscellaneous |
This Agreement
shall be governed by the laws of the United States of America and the State of
California. Exclusive jurisdiction and venue for all matters relating to this
Agreement shall be in courts and for a located in the State of California, El
Dorado County, and you consent to such jurisdiction and venue. Software
Carpenters Inc.'s failure to
insist upon strict enforcement of any provision of this agreement
shall not be construed as a waiver of any provision or right.
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Links to Other Web Sites |
This site may include links to other Internet sites solely as a
convenience to users. Out2RV.com does not endorse any
such sites or the information, material, products or services
contained on or accessible through the sites, and you access and use
such sites, including information, material, products and services
therein, solely at your own risk.
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Vehicle Listings |
Owners/dealers are responsible for the accuracy of the information on
their vehicle listings. Owners/dealers who provide photos to be used
assert
that the photos are their own rv rental vehicle and these same owners/dealers have
the publishing rights to said photos. Out2RV.com is not
responsible for any action, or omission of action, by any renter
obtained by the use of this site.
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Non Solicitation |
Out2RV.com provides this Service to permit users the ability to review
information about rv rental vehicles around the world. You acknowledge that the
Out2RV.com has expended significant time and money in collecting the Content
contained within the Service. As a result, the Service is provided to you for
the sole purpose of rv rental inquiries. Use of the Service and its Content for
any other reason, including but not limited to the solicitation of the
Out2RV.com's clients and advertisers, is strictly forbidden
("Non-Solicitation").
YOU ACKNOWLEDGE THAT THE OUT2RV.COM'S DAMAGES FOR YOUR FAILURE TO ADHERE TO THE
NON-SOLICITATION PROVISION SET FORTH HEREIN ARE DIFFICULT TO ASCERTAIN. AS A
RESULT, YOU AGREE TO PAY TO THE OUT2RV.COM, AN AMOUNT EQUAL TO ONE THOUSAND
DOLLARS ($1,000) FOR EACH VIOLATION OF THE NON-SOLICITATION PROVISION. This
provision is intended to establish liquidated damages and is not intended as a
penalty. This liquidated damages provision does not waive or alter any remedies
available to the Out2RV.com under this Agreement, at law or in equity for your
default hereunder.
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Acceptable Use Policy |
You are solely responsible for any and all acts and omissions that occur under
your account or password, and you agree not to engage in unacceptable use of
the Service, which includes, without limitation, use of the Service to:
- disseminate or transmit unsolicited messages or unsolicited commercial email;
- disseminate or transmit material that, to a reasonable person may be
abusive, obscene, pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening or malicious;
- disseminate or transmit files, graphics, software or other material that
actually or potentially infringes the
copyright, trademark, patent, trade secret or other intellectual property right
of any person;
- create a false identity or to otherwise attempt to mislead
any person as to the identity or origin of any communication;
- export,
re-export or permit downloading of any message or content in violation of any
export or import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses or
exemptions;
- interfere, disrupt or attempt to gain unauthorized access
to
other accounts on the Service or any other computer network;
- disseminate or
transmit viruses, trojan horses or any other malicious code or program;
- engage in
any other activity deemed by
the Company to be in conflict with the spirit or intent of this
Agreement.
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