Terms of Service
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
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.
“RV” means recreational vehicles.
“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 who uses a RV and is not the Owner for such RV.
“Owner” means a Member who creates a Listing via the Services.
“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.
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 by through Company’s communication tool or through the “Request a Quote” platform. The Services are intended to be used to facilitate the booking of RV’s.
If you choose to purchase RV Rental Insurance underwritten by National General Insurance Company, referred to throughout as “The Policy” you will be added as additional insured to RVShare’s Master Fleet Rental Insurance Policy, which is an excess and surplus lines policy issued in the state of Ohio.
The Policy covers accidents or occurrences while the Renter or an Authorized Driver is operating/occupying the listed vehicle on The Policy, for the coverage provided by The Policy and for which you have paid a premium. Coverage will include: Comprehensive and Collision with a $1,500 deductible per occurrence and state statutory bodily injury and property damage liability, (state minimum liability), on an excess basis. This is the Basic Underlying liability coverage offered through the policy.
The Policy does not offer nor cover You, or anyone in or using the rental RV, for Uninsured, Underinsured or Uninsured/Underinsured Motorists Bodily Injury or Property Damage, Medical Payments Coverage or Personal Injury Protection or any other coverage not noted above. The named insured has rejected all coverage other than the coverage defined and offered for purchase herein and as a purchaser of coverage under The Policy you expressly agree to the selections and rejections made by the named insured under The Policy. However, The Policy may comply with individual state specific requirements. If an accident, to which The Policy applies, occurs in any state or province other than the one in which The Policy is written, we will interpret The Policy coverage for that accident or occurrence as follows:
If the state or province has a financial responsibility, compulsory insurance or similar law requiring a driver using a recreational vehicle in that state or province to maintain insurance with limits of liability for bodily injury or property damage higher than the limits The Policy provides, then the limits of liability under The Policy that will apply to that accident will be the higher Minimum Liability Coverage limits required by the law in that state or province or the applicable limits of liability provided for that insured under The Policy.
The Policy’s coverage territory is the United States and Canada. There is no coverage provided for accidents or occurrences in Mexico.
By purchasing this insurance, you expressly agree that you understand and agree that coverages are limited as set forth above and that the intent of The Policy provided by National General Insurance Company that you selected to purchase coverage under is to provide liability coverage to third parties who may be injured by your operation of the RV and to provide Comprehensive and Collision coverage for the RV you have rented.
If you do not choose to purchase RV Rental Insurance offered through the RVShare web site, underwritten by National General Insurance Company, referred to throughout as “The Policy” you will be added as additional insured to RVShare’s Master Fleet Rental Insurance Policy, which is an excess and surplus lines policy issued in the state of Ohio, then 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 sole responsibility of RV Owners to check the insurance policy of the RV Renter so make sure that the policy obtained is in compliance with state and federal law minimums.
Insurance Premium Charges
Renter acknowledges that insurance premium charges will be charged by MBA Insurance and show on their credit or debit card statement as "MBA Motorhome" and includes a 5% Ohio Surplus Lines Premium Tax.
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.
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 or private messages from 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 Quote or Contact the Owner via Company’s communication tool. Listings as an unregistered visitor to the Services; however, 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 negotiate and set all RV rental pricing between the parties. Owner is responsible for requesting payment from Renter through Comany’s secure payment system. All payments by Renters are via credit card. In the event that the rental is is booked thirty (30) days in advance, payment may be broken into two (2) installments. Final payment must be received thirty (30) days prior to rental dates.
Company holds all payments made during the thirty day period.
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.
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 a RV Owner or request a quote with an account. Anyone may browse the site, as long as they are in compliance with these terms of service.
Accounts may be created be created through third party accounts such as Facebook or Google, or, parties have the option to create an account with a valid email address. Company reserves the right to terminate an account at any time with no notice you.
Owners may create a listing(s) for the RV(s) through their Owner Dashboard when they log into their account. By listing an RV, Owners are 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 and 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. Company guarantees all Renter payments made through Company’s payment system up to ten thousand US dollars ($10,000.00 USD). At the Owner’s discretion, they may split the booking payment in to two installments if and only if the rental dates is more than thirty (30) days in advance of the first payments, but, all final payments must be made on or before thirty (30) days prior to the rental date. Company will release payments, minus all applicable fees collected by Company, to Owner’s one business day after the beginning 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 24 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 link to the Renter’s Account profile page, 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 24 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, depending on the selections you make via the Services.
Appointment of RVShare 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. 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 selected by the Owner and reflected in the relevant Listing, (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 chosen 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. Company will collect and hold in escrow a security deposit forty - eight (48) hours prior to the rental date for RV Owners. 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 within the 72 hours after the rental period in writing to Company. Company will review the request for payment and release the requested amount to RV Owners after 72 hours have passed from rental end date, should Company approve the request. Company may also request additional information from either rental party. 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.
Service Fees. Payment for Services will be paid via credit card or ACH directly to Company. Payment is collected at the end of the rental period 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.
RVshare 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.
RVshare charges a 10% administrative fee to any charges covering out of pocket expenses for the RV owner (fuel, tickets, damages, etc).
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 an administrative fee of 10% to 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 it RVshare 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. These charges will be added to the initial rental rate agreed upon by the owner and renter.
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.
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, RVshare will treat this as an owner cancellation. If a renter does contact RVshare at (firstname.lastname@example.org) to cancel the rental with RVshare and the RV owner, the renter will be charged the total amount for the rental period until the issue is resolved. If the renter is a no-show it will be treated as a renter cancellation and subject to the owners cancellation policy terms.
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 options that our owners offer are:
The owner includes fuel with the rental. (Not very common)
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 owner will send RVshare the receipt. The amount will be charged to the renter plus a 10% administrative and processing fee.
A $100 fee will be incurred for stranding an RV (in addition to any costs incurred to repair the RV). In the case of any damage to the RV: fiberglass, cushions, cabinetry, electronics, etc, the renter will be charged the actual cost of parts plus hourly labor costs needed to repaid the damaged item. The amount will be charged to the renter plus a 10% administrative and processing fee.
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.
Company offers various levels of cancellation policies to RV Owners. Owners will choose from the policies outlined below when negotiating or setting price for their RV rental. The cancellation policy chosen details the possible refund for the Renter.
- Forgiving: Renter may receive full refund of money collected up to 7 days before rental, 50% refund of money collected within 7 days of rental. A $90 cancellation processing fee will be applied to all partial and full refunds.
- Flexible: Renter may receive full refund of money collected up to 30 days before rental, 50% refund of money collected within 30 days of rental. A $90 cancellation processing fee will be applied to all partial and full refunds.
- Standard: Renter may receive full refund of money collected up to 30 days before rental, 50% refund of money collected within 30 - 14 days of rental, no refund within 14 days of rental. A $90 cancellation processing fee will be applied to all partial and full refunds.
- Strict: Renter may receive full refund of money collected up to 30 days before rental, no refund within 30 days of rental. A $90 cancellation processing fee will be applied to all partial and full refunds.
- Very Strict: Renter may receive 50% refund of money collected up to 30 days before rental, no refund within 30 days of rental. A $90 cancellation processing fee will be applied to all partial and full refunds.
- Most Strict: Renter may not receive a refund of any money collected.
Renter will agree upon the cancellation. Any Renter who wishes to cancel their booking must email email@example.com with their booking number and cancellation request. The cancellation request will be processed according to the Owner’s chosen and Renters agreed to cancellation policy.
All cancellations that are subject to processing fees, will be charged a $90 cancellation processing fee. Cancellations are subject to processing fees when they are eligible for a partial or full refund.
No cancellation fees are charged on any reservations cancelled less than 24 hours after the reservation is confirmed.
In the event that a Renter initiates a Chargeback with their credit card company, for either Rental Fees or a Security Deposit, Company will inform the Owner that a Chargeback has been initiated. If Company deems that the Chargeback is not warranted, Company will use commercially reasonable efforts to dispute the validity of the Chargeback on the Owner’s behalf. Owner agrees to cooperate with Company and to provide any information that may be reasonably requested by Company in its investigation. You authorize Company to share information about a Chargeback with the Renter, the Renter’s financial institution, and Owner’s financial institution in order to investigate or mediate a Chargeback. In the event that a Chargeback dispute is lost, Company is authorized, without notice, to recapture such amount from Owner’s bank account or to withhold such amount from any payment due to Owner now or in the future. Owner acknowledges that this is because when Company receives a chargeback order, the funds are debited from our account. Owner acknowledges that chargeback decisions are made by the applicable issuing bank, Card Networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA.
Insurance Premium Chargebacks
Renter agrees that MBA Insurance may charge their payment method for the full premium amount related to a rental booked through Company. Renter also agrees that premium is fully earned and non-refundable once Renter has taken possession of the covered “auto”.
In the event that a Renter initiates a Chargeback with their credit card company for the insurance premium charge, MBA Insurance will use commercially reasonable efforts to dispute the validity of the Chargeback.
Owner and Renter agree to cooperate with MBA Insurance and to provide any information that may be reasonably requested by MBA Insurance in its investigation. Owner and Renter authorize MBA Insurance to share information about a Chargeback with Company, the Renter, the Renter’s financial institution, the Owner, and Owner’s financial institution in order to investigate or mediate a Chargeback.
Renter acknowledges that chargeback decisions are made by the applicable issuing bank, Card Networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA.
You (The RV Owner) understand and agree that you are responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. RVshare does not offer Tax-related advice to any users of the Site. Additionally, note that each 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.
The term 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.
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.
Damages to RV’s
RV Renter will be solely responsible for the condition of the RV which includes both the the full interior of the RV and any and all parts of the exterior of the RV during the rental period and 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. All Parties agree to assist Company in the settlement of security deposit claims and dispute resolution.
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.
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 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.
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, 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 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.
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 venturers. 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 Ohio. 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 Summit County, Ohio. 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.
Headings. The headings herein are for convenience only and are not part of this Agreement.
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 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.
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 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.
Limitations on Communications and Use of Other Users’ Information; No Spam. You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site. You may not use any such information for any unlawful purpose or with any unlawful intent. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented an RV from you or to you, to your mailing list (email or physical mail). You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
Member Content and Feedback. From time to time, 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 sublicense, 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 firstname.lastname@example.org 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 RVshare 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.