RVParking.com Terms of Service
(Last Updated: July 7, 2009)
Welcome to RVParking.com ("RVP"). RVParking.com provides services related to long and short term RV Parking including information about specific facilities, special discount offers, and parkkng reservation through RVParking.com's Web site. The following terms and conditions ("Terms of Service"), along with any other agreements or rules posted on our Web site (the "Site") http://www.RVParking.com, or otherwise provided to you by RVParking.com shall govern your use of the Site and the services ("Services") offered at the Site. These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with RVParking.com, or its subsidiaries or affiliates, for products, services or otherwise. By accessing or using the Services or Site, you are agreeing to the following terms and conditions. Please read them carefully before using RVParking.com's Site or Services. Should you have any questions concerning this Agreement, please contact us here.
You must be 18 years of age or older to register and create an account, and by completing the registration process for the Services, you represent and warrant that you are 18 years of age or older and have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. If you are between 13 and 18 years of age, you must have a parent create an account, authorize you to use such account, and confirm and consent to your agreement to these Terms of Service in order to access any feature or service that requires an account. RVParking.com is available ONLY TO USERS 13 YEARS OF AGE OR OLDER.
A. YOUR REGISTRATION OBLIGATIONS.
To obtain and use the Services, you may choose to register with RVParking.com by completing a registration form and designating a user ID and password. When registering with RVParking.com you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality and security of the user ID and password and agree not to share your user ID and password with third parties, other than minor children who are authorized to use your account. You are fully and solely responsible for all activities that occur under your user ID or password. You agree to immediately notify RVParking.com of any unauthorized use of your user ID or password or any other breach of security. RVParking.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
B. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
C. LIMITED LICENSE TO USE SITE.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the RVParking.com logo, and all articles, text, designs, graphics, pictures, photographs, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the property of RVParking.com or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license (the "License") to access and use the Site and (except where prohibited without a license) print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Any other use of the Site Materials, including any publication or dissemination of any Site Materials, requires an express license from RVParking.com. The License granted herein is subject to these Site Terms of Service and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any content listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of RVParking.com, is strictly prohibited and will terminate the License granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
D. USER CONDUCT.
In using the Site or the Services, you agree to comply with the following rules of conduct (the "Conduct Rules"):
1 You may not use the Services in any way that violates applicable federal, state, or international law, or for any malicious or unlawful purpose.
2. You may not attempt to interfere with any other person or entity's use of the Services.
3. You may not misrepresent your identity, impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4. You may not attempt to gain access to any accounts, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Services either directly or indirectly.
7. You may not use any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission or violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Site.
8. You may not use the Site to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
9. You may not collect or store personally identifiable or private information of any third party without authorization.
10. You may not solicit passwords or personal information from anyone under 18 or engage in any predatory or stalking conduct.
11. You may not fail to deliver payment for services and/or reservations purchased by you.
12. You may not transfer your account and User ID to another party without our consent.
13. You may not make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.
All judgments concerning the applicability or violation of these Conduct Rules shall be at the sole and exclusive discretion of RVParking.com. Any use of the Site in violation of the foregoing rules Conduct Rules violates these Site Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and the Services. RVParking.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit RVParking.com's response to a future complaint. You acknowledge and agree that RVParking.com shall not assume or have any liability for any User conduct or for any action or inaction by RVParking.com with respect to any User conduct. Users shall remain solely responsible for their conduct.
By posting a review, the user thereby represents that the review is based upon an actual experience with the parking lot reviewed within the past two years.
Reviews do not reflect the views of RVParking.com, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. RVParking.com does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
You acknowledge that RVParking.com has the absolute right to refuse to display or to remove anything posted by you on or to the Site, including, without limitation, reviews of businesses listed on the Site, user lists, ratings and user profile information such as photos, any other content submitted or posted by you (collectively "User Content"), for whatever reason or for no reason at all. You further agree that by posting or submitting User Content to RVParking.com, you are warranting that you are the sole author, creator and owner of that content, and that you are waiving any rights you may have in that content, or to control its use or (re)distribution, including any intellectual property rights, and that you further waive any claim that RVParking.com is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) such content.
You agree that you may not and will not post or submit any User Content that contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
- Messages that are advertising or commercial in nature, or present a conflict of interest to any parking lots listed within RV
- Personal information or messages including email addresses, URLs, phone numbers and postal addresses (or both first and last name of an individual unless their name is also part of the business name) that are not already publicly available.
- Language, photos, video or other media that violates the standards of the Site, as determined by RVParking.com in its sole discretion.
- Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures as determined by RVParking.com in its sole discretion.
- Content that is not in English, blank reviews, or reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Ownership of User Content
All User Content is owned solely by RVParking.com, and by submitting any User Content you relinquish any right or claim of right to such User Content. RVParking.com is under no obligation to give credit or pay any consideration to you for any User Content you post on the Site, or any use by RVParking.com of such User Content.
E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
You agree that RVParking.com or its licensors retain all ownership of and proprietary rights, title and interest, including copyright and all other intellectual property rights, in and to the Site, the Site Materials and the Service.
RVParking.com, the RVParking.com logo and any other product or service names or slogans of RVParking.com contained in the Site are including without limitation, either trademarks, service marks or registered trademarks of RVParking.com, and may not be copied, imitated, or used, in whole or in part, without RVParking.com's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. You may not use any metatags or any other "hidden text" utilizing "RVParking.com" or any other name, trademark or product or service name of RVParking.com without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RVParking.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
RVParking.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
F. REPEAT INFRINGER POLICY; NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, RVParking.com has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. RVParking.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes the copyright in your work please provide notice in accordance with the DMCA to RVParking.com's Agent for Notice of Claimed Infringement as set forth below ("Agent").
RVParking.com's Agent can be reached at:
G. THIRD PARTY TRANSACTIONS, CONTENT, SITES AND SERVICES.
Any transactions using RVParking.com's services are between the transacting parties only. The Site and the Services may link you or provide you with certain functionality and access to third party content, services, advertising and promotions, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Users use such Third Party Content contained therein at their own risk. However, RVParking.com is not an agent of any transacting party, nor are we a direct party in any such transaction, and we do not endorse, monitor or have any control over any third party content, sites, transactions or services. Any such activities, and any terms associated with such activities, are exclusively between you and the applicable third-party. It is the User's sole responsibility to observe any terms, conditions, or policies associated with products or services you purchase from third parties including, but not limited to, any RV parking services you purchase from RV parking facility suppliers through the RVParking.com Site or Services. RVParking.com disclaims any and all liability for the acts, omissions and conduct of any RV Parks, third party users, advertisers and/or sponsors on the Site, in connection with the RV Services or otherwise related to your use of the RV Site or Services. Similarly, we are not responsible for any third-party content you access with the Services and do not represent or warrant the accuracy of or undertake any responsibility to update or review any such third party content. You irrevocably waive any claim against us with respect to such sites and third-party content, transactions and services, and RVParking.com shall have no liability, obligation or responsibility for any such content, correspondence, purchase, promotion or transaction between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services. Should you have any problems resulting from your use of any third party services or content, or should you suffer any losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible.
RVParking.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of RVParking.com and RVParking.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. RVParking.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by RVParking.com of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
I. RVParking.com MAKES NO WARRANTIES.
RVParking.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, RVParking.com may make changes and improvements to the information provided herein at any time. RVParking.com PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RVParking.com, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN "RVParking.com PARTY," AND COLLECTIVELY, THE "RVParking.com PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE RV PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
RVParking.com MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY RVParking.com.
J. LIMITATIONS OF LIABILITY.
IN NO EVENT WILL ANY RVParking.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, THE SITE MATERIALS, OR THE SERVICES, EVEN IF SUCH RVParking.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY RVParking.com PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, RVParking.com is found responsible to any RVParking.com User for any reason whatsoever, RVParking.com's responsibility shall be limited to the transaction fees assessed for such user's transactions for RVParking.com's Services, and shall not include punitive damages or consequential or resulting damages of any nature.
K. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE OR DISCONTINUE THE SITE AND THE SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS K AND L, THE RVParking.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS K AND L, RVParking.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS AND THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY REVIEWS, COMMENTS OR RATINGS OR THE CONTENT, RESULTS, FAIRNESS, ACCURACY OR EFFECT OF SUCH REVIEWS, COMMENTS OR RATINGS; OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SITE MATERIALS, SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES ON THE SITE OR THROUGH LINKS ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, RVParking.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of, resulting from or relating to your use of the Site, your conduct on the Site in violation of the Terms of Service Agreement. RVParking.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RVParking.com in asserting any available defenses.
M. TERMINATION OF SERVICES.
RVParking.com reserves the right to terminate without notice your password, account or use of the Site and the Services, to delete any data stored on the Site or in connection with the Services, and to block or prevent future access to the Site and the Services, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to RVParking.com at any time. Upon termination, ANY DATA YOU HAVE STORED ON RVParking.com'S SYSTEMS MAY NOT BE RETRIEVED, and RVParking.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. It is your sole responsibility to retain copies of any materials you post to the Site or through the Services.
N. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
O. NOTICES TO RVParking.com.
You may notify us here.
P. OTHER TERMS.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
RVParking.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SITE, THE SITE MATERIALS OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of RVParking.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.