Thank you for your interest in the OpenRV Link service
(hereafter, the "Service"), offered by RV Reservation Services, Inc. ("OpenRV").
BY LINKING TO ANY AUTHORIZED PAGE(S) ON THE RESERVERV WEBSITE
("OpenRV.net", "OpenRV.org", etc.) SET FORTH IN THE LICENSE GRANT BELOW, AND/OR BY USING THE
SERVICE IN ANY WAY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS
OF USE AND YOU AGREE TO JURISDICTION AND VENUE IN THE COMMONWEALTH OF IDAHO
FOR ANY CLAIM OR DISPUTE REGARDING THESE TERMS AND CONDITIONS OF USE, THE
SERVICE, OR OpenRV.
You acknowledge and agree that all policies, maps, directions,
information, materials and documents made available to you through the Service
(the "Materials") are protected by copyright, trademark, patent, trade secret,
and other proprietary rights and laws. For example, OpenRV owns a copyright
in the selection, organization, arrangement and enhancement of the Materials, as
well as in the Materials original to itself. Third parties whose Materials
appear on this website own the copyright in the Materials original to them. The
look and feel of this website, including our color combinations, button shapes,
and other graphical elements, are OpenRV trademarks. Other than the limited
license to use the Service as granted herein, no right, title or interest in or
to any Materials is conveyed and all Materials remain the exclusive property of
OpenRV or their respective owners.
You and any end-users of your website accessing or using the Service agree
to abide and be bound by the OpenRV Privacy Policy, as may be amended from time-to-time, and
which is posted at the following URL:
http://www.OpenRV.net/OpenRV/OpenRV.cgi?Action=PrivacyPolicy
You and any end-users of your website accessing or using the Service also agree
to abide and be bound by the OpenRV Reservation Policy, as may be amended from time-to-time,
posted at the following URL:
http://www.OpenRV.net/OpenRV/OpenRV.cgi?Action=ReservationPolicy
Provided that you comply with
these Terms and Conditions of Use, OpenRV grants you a limited, revocable,
non-exclusive, non-transferable, non-sublicenseable license to post on your
website one or more graphical/textual links to OpenRV. All links must be
direct links (e.g. no interstitials or redirects) and the links may not contain
any trojan horses, worms, time bombs, viruses or other harmful, malicious, or
data gathering or data mining programming routines. All links shall be in one of
the formats provided by OpenRV, and made available to you at the following URL:
http://www.OpenRV.net/OpenRV/OpenRV.cgi?Action=LinkingPolicy,
as may be amended by OpenRV from time to time. You agree that you shall not
use the Service or Materials in connection with any website that, in OpenRV’s
sole determination, is designed to mislead others, or that contains or promotes
any of these types of content: libelous, defamatory, obscene, pornographic,
abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez,
or that offer any illegal good or service, or that link to any website(s) that
do so, that engages in spamming, phishing, indiscriminate advertising or
unsolicited commercial e-mail, or that engages in cybersquatting or
typosquatting. You may use the Service for lawful purposes only. You may not use
the Service in any way that would (i) violate or infringe in any way upon the
rights of others; (ii) give rise to civil liability; or (iii) otherwise violate
any law.
You agree not to remove, obscure, or alter copyright notices, trademarks, or other
proprietary rights notices affixed to or contained within OpenRV pages or any
Materials.
So long as you comply with your obligations under this Agreement, you may
present a link to the OpenRV web site in the manner shown and in a way that the link portrays the Service
solely as licensed hereunder and do not in OpenRV's sole determination (1) tarnish, infringe, or dilute
OpenRV's trademarks, (2) violate any applicable law, or (3) infringe any
third-party rights. If you wish to use any OpenRV trademark and/or logo in
any other manner, you must first obtain OpenRV's written consent.
You understand that your use of the Service is at your own risk and that OpenRV
provides no assistance and is under no obligation to provide you with any error corrections, updates,
upgrades, bug fixes and/or enhancements to the Service.
THE SERVICE AND MATERIALS ARE PROVIDED WITH
ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. RESERVERV, ITS LICENSORS AND
OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE,
AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR
REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT
THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE,
FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY
RESERVERV, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS
SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE
DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THE SERVICE AND THE MATERIALS IS
SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
The Service is being provided free of charge.
Accordingly, you agree that OpenRV, its licensors, and its suppliers shall
have no liability arising from or based on your use of the Service or Materials,
or the use by end-users of your website using the Service or Materials.
Under no circumstances shall OpenRV, its licensors, or its suppliers
be liable to you or to any end-user on account of your or any end-user's use or
misuse of the Service or Materials. Such limitation of liability shall apply to
prevent any recovery of direct, indirect, incidental, consequential, special,
exemplary, and punitive damages whether such claim is based on warranty,
contract, tort (including negligence), or otherwise, even if OpenRV has been
advised of the possibility of such damages. Such limitation of liability shall
apply whether the damages arise from use or misuse of and reliance on the
Service or Materials, from inability to use the Service, or from any
interruption, suspension, or termination of the Service (including such damages
incurred by third parties). Such limitation shall apply notwithstanding a
failure of essential purpose of any limited remedy and to the fullest extent
permitted by law.
Some states or other jurisdictions do not allow the
exclusion or limitation of liability for incidental or consequential damages, so
the above limitations and exclusions may not apply to you.
Upon a request by OpenRV, you agree to defend, indemnify, and
hold harmless OpenRV, Inc., and its parent, subsidiary and affiliated companies, and its
licensors and suppliers, from all liabilities, claims, and expenses, including attorney's
fees, which arise from your use or misuse of the Service or Materials or the use
of the Service or Materials by any end-users of your website. OpenRV reserves
the right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with OpenRV in asserting any available defenses.
Placement of any links on your website pursuant to this Agreement does not
constitute or imply an endorsement, sponsorship or recommendation of your website, or any
products, services, processes, hypertext links to other third parties or other
information by trade name, trademark, manufacturer, supplier or otherwise by
OpenRV that may appear on your website.
OpenRV makes no representation that the Service and/or Materials are
appropriate or available for use in locations outside the United States, and accessing it from
territories where the Materials are illegal is prohibited. Those who choose to access this website
from other locations do so on their own initiative and are responsible for compliance with local laws.
These Terms and Conditions of Use shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising
out of or relating to these Terms and Conditions of Use or your use of the
Service or Materials and this website shall be filed only in the state or
federal courts located in the Commonwealth of Virginia, and you further agree
and submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
These Terms and Conditions of Use constitute
the entire agreement between you and OpenRV with respect to the Service
and/or Materials. If any part of these Terms and Conditions of Use is held
invalid or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full force and
effect. Revenue 100% of the revenue generated on OpenRV pages will
remain the property of OpenRV. You agree that you shall not register
any URLs that may be provided to you by OpenRV under this Agreement in any
affiliate or similar revenue generating program.
If you wish to terminate this Agreement, you
may simply cease using the Service. In such a case, you must delete any mapping
or routing result information that you may have obtained from the Service and
remove any links to OpenRV from your site. OpenRV may terminate this
Agreement at any time, with or without cause. In such case, you must delete any
mapping or routing result information that you may have obtained from the
Service and remove any links to OpenRV from your site.
OpenRV may, at its sole discretion, update these Terms and Conditions of Use at any
time.
|
