Terms and Conditions
OVERVIEW OF THE PROGRAM
The AmeriGO RV Club program (the “Club” or the “Program”) and AmeriGO RV Club, LLC (together the “Company”) to permit members of the Club (“Members”) the opportunity to get closer to RVing, the lifestyle, the industry product and service providers, and other RV enthusiasts. Members have the opportunity to take advantage of benefits and rewards through the Program from the Company and its participating Program sponsors, licensors, affiliates, partners and service providers (together, “Associates”).
PARTICIPATION IN THE PROGRAM
In order to participate in the Program, individuals must be eighteen (18) years of age or older and a resident of the U.S., Puerto Rico, the U.S. Virgin Islands or Canada. In order to participate, an individual must be a Member in good standing. The Program is void where prohibited or restricted by law. You may be required to enter your first and last name, a login name, password, date of birth (DOB), mailing and e-mail addresses, telephone number, country of residence, password hint, display name and gender. If the Company accepts your application to become a Member and upon receipt of the membership described below, the Company will establish an account in your name (“Account”). Individuals may only become involved as Members in their own name and may not transfer benefits or rights under the Program to other parties. Members may not represent an act or proxy for other Members or other parties. Membership is personal to the Member and is not transferable to any other person or entity. Members are responsible for all use of their Accounts (under any screen name or password) and for ensuring that all use of their Account complies fully with these Terms and Conditions. Members shall be responsible for protecting the confidentiality of their password(s), if any. Each Member is responsible for ensuring that the information in his or her Account is accurate and is kept current.
Participation in the Program may be conditioned upon payment by Members of program dues, service charges, and other fees and expenses, in the sole discretion of the Company. Unless otherwise specified by the Company, such dues and other amounts may only be paid by credit card.
If a person elects to join the Club on an annual basis, membership in the Club is valid for a term of one (1) year only. The person is entitled to one-FREE-year membership for the first year. When the club requires payment, each year, of the annual, non-refundable membership dues. Each membership must be properly renewed by the Member each year in order to maintain the membership in force. The Company will send Members an annual renewal notice approximately thirty (30) days prior to the expiration of their current membership term. Except where prohibited by applicable law, the Company will automatically renew the membership and charge the Member’s credit card of record for the annual membership fee unless the Member notifies the Company at least seven (7) days prior to the expiration of the membership term that the Member does not wish to renew their membership. If the Company cannot obtain credit card authorization when renewing the membership, the applicable Member’s membership will not be renewed and such Member must re-apply for a new membership. Gift memberships will be automatically renewed, but a renewal notice for gift memberships will be sent to both the person who gave the gift membership and the Member.
The Company offers a first year free-one year membership. The Company may occasionally offer promotional free trial memberships to persons that sign up for a free trial membership. Except where prohibited by applicable law, such trial membership will be automatically renewed at the applicable normal annual membership rate at the end of the trial period, unless such persons cancel at least forty-eight (48) hours (or such longer period of time as specified by the Company in writing in the particular offer) before the end of the trial. Only one (1) free trial membership is allowed per person. Subsequent enrollments do not qualify for free trials.
The Company may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By enrolling pursuant to any such offer, such Members will be responsible for all payments specified in the offer, and agree that the Company may adjust the pricing of such plans, as specified in the applicable offer, promotional materials or coupon, without further notice or other communication to such Members.
The Company may occasionally piggyback other free offers with the free trial offer. Persons enrolling in the Club pursuant to such offers must actually complete the free trial and be charged one time before they are eligible to receive the additional free offer.
Credit Card Authorization
Each Member is responsible for paying the periodic dues specified above, and hereby authorizes the Company to charge the Member’s credit card to pay for the dues (according to the terms set forth above) via automatic debit. Each Member acknowledges and agrees that the authorization to charge the Member’s credit card for services shall automatically transfer to any successors or assigns of the Company for substantially similar services to those offered by the Club. A Member may not assign or transfer his or her membership to any other person or entity. Each Member further agrees to complete, and assent to the terms of, the Company’s then current credit card authorization form.
Memberships which are terminated by the Company or cancelled or not renewed by the Member cannot be “reactivated” and the applicable Member must re-apply to the Company for a new membership. When cancellation of membership is requested by a Member, there is no refund for an unused portion of the current membership (except where required by applicable law). A Member must call the company at 1- 800-737-9985 to request a cancellation of his or her membership; provided, as set forth above, a Member enrolled on an annual or monthly basis must cancel his or her membership at least seven (7) days prior to the expiration of the current term in order to avoid being charged the next annual or monthly dues.
Any Member who chooses to participate in a VIP Experience through the VIP Reservation Allocation System or by calling the Company, will no longer be eligible for a refund after the experience date even if the Member is within the refundable time period of the membership (except where required by law).
CONSENT TO TERMS
Participation in the Program constitutes each Member’s full and unconditional agreement to these Terms and Conditions, as well as: (a) to any user agreements, terms and conditions, or other documents pertaining to the Company’s web sites, (b) any Member or other guides distributed by the Company, and (c) any other rules, guides, terms or policies designated by the Company from time-to-time pertaining to the Program and the benefits and offers provided through the Program (including the terms of trial membership offers and other promotional membership offers), all of which are deemed incorporated into these Terms and Conditions. Participation in the Program is contingent upon the Member’s compliance with these Terms and Conditions. Members who do not comply with these Terms and Conditions may be prohibited from participating in the Program and/or have their membership revoked by the Company.
USE OF INFORMATION
The Company will not be liable or responsible for any tax consequences which may result from a Member’s participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member’s participation in the Program.
CONDUCT OF MEMBERS
The Company reserves the right to discontinue the membership of any Member who, as determined in the sole discretion of the Company, (i) uses the Program for improper, deceitful, fraudulent or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances, (ii) encourages activity or conduct that would constitute a criminal offense or violation of a the rights of another person or entity or which would otherwise give rise to civil or criminal liability; (iii) removes or alters any proprietary notices, labels, or marks in any Program materials or on any Company or Program associated web sites; (iv) infringes the intellectual property rights of the Company, the Associates, other Members, or any other third party; (v) impersonates any person, business or entity, including the Company, the Associates or other Members; (vi) introduces any virus, corrupted data or other harmful, disruptive or destructive code or files to or otherwise interferes with or disrupts, overloads or burdens the Company’s servers or networks or any Company or Program associated web sites; or (viii) acts (a) in an unsportsmanlike, bigoted, hateful, racially offensive, vulgar, profane, obscene, pornographic or sexually explicit manner, (b) with an intent to annoy, abuse, threaten, defame, libel, intimidate, harass or invade the privacy of the Company, other Members, Associates, or any other party, (c) in a manner which reflects poorly upon, disparages or devalues the reputation or goodwill of the Program, the Company and/or the Associates or (d) in any other antisocial, objectionable or disruptive manner. Discontinued membership or participation may result in the loss of all benefits and privileges. A Member terminated in this manner shall not be entitled to a refund of their membership fee (except where required by applicable law). In addition to discontinuance of Program membership or participation, the Company shall have the right to take appropriate administrative and legal action, including criminal prosecution, as it deems necessary in its sole discretion.
No Member shall attempt, directly or indirectly, to undermine, disrupt, hinder, or interfere with the proper operation of the Program in any manner whatsoever.
Membership and its privileges are for lawful purposes only. Any conduct by a Member that, in the Company’s discretion, restricts or inhibits any other Member from using or enjoying the Program will not be permitted. A Member shall not use membership in the Program to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Program. The Company shall have the right, but not the obligation, to monitor Members Program-related activities, including chat rooms and forums, attendance at RV rallies, trade shows, tournaments, meetings, contests or other events sponsored by the Company and other participation in the Program, to determine compliance with these Terms and Conditions and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted on any Company or Program associated web site. Should a Member violate these or other valid restrictions, the Company reserves the right, in addition to termination of privileges as set forth herein, to seek damages and other remedies from any such person to the fullest extent permitted by law. The Company’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding an individual’s eligibility for the Program or a Member’s compliance with these Terms and Conditions will be resolved by the Company in its sole discretion.
MODIFICATION AND TERMINATION OF THE PROGRAM
The Company may modify any of the Terms and Conditions governing the Program-including, but not limited to, Program eligibility requirements, application and enrollment procedures, applicable Member dues or charges, applicable Member benefits or privileges, the identity of the Associates, these Terms and Conditions, and any other applicable rules, guides, terms, or policies pertaining to the Program (including, without limitation, the Program Guides)-at any time, with or without notice (except where required by applicable law), even though these changes may affect a Member’s status or other rights, benefits, or privileges under the Program. The Program has no predetermined termination date and may continue until such time as the Company decides to terminate the Program. The Company may terminate the Program at any time, with notice to the Member using his or her current contact information on file under his or her Account with the Company.
A Member’s continued participation in the Program constitutes that individual’s acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that the Company may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Company’s web sites pertaining to the Program and will supersede all previous versions of these Terms and Conditions.
DISCLAIMERS, LIMITATIONS; INDEMNIFICATION. MEMBERS EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND ALL ASSOCIATED WEB SITES AND MATERIALS, SERVICES AND PRODUCTS ARE PROVIDED “AS IS”, WITH EACH MEMBER PARTICIPATING AT HIS OR HER OWN RISK, AND THE COMPANY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF, ITS AFFILIATES AND THE ASSOCIATES AT EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS; AGENTS, SUCCESSORS AND ASSIGNS, ANY OTHER WARRANTIES REGARDING THE PROGRAM AND ALL ASSOCIATED WEB SITES AND MATERIALS, SERVICES AND PRODUCTS, THE ADMINISTRATION OF THE PROGRAM BY THE COMPANY, THE INVOLVEMENT OF ASSOCIATES, AND THE PARTICIPATION OR INABILITY TO PARTICIPATE OF MEMBERS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES IMPLIED BY TRADE USAGE OR COURSE OF PERFORMANCE. ALL MEMBERSHIP DUES ARE NON-REFUNDABLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND OTHER ASSOCIATES SPECIFICALLY DO NOT WARRANT OR REPRESENT THAT THE OPERATION OR ACCESS TO THE PROGRAM OR ANY ASSOCIATED WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR OTHER TORTUOUS CONDUCT BY THIRD PARTIES, THAT PROGRAM ERRORS WILL BE CORRECTED, THAT PROGRAM INFORMATION (SUCH AS PRICING INFORMATION, PRODUCT INFORMATION, RV OR OTHER VEHICLE VALUATION OR SALES INFORMATION (INCLUDING NADA VALUATION OR OTHER THIRD PARTY RV OR VEHICLE VALUATION INFORMATION, AND INFORMATION PROVIDED BY DEALERS OR OTHER SELLERS) AND INSURANCE QUOTE INFORMATION) IS CURRENT, RELIABLE, COMPLETE, VALID OR ACCURATE, OR THAT ANY PARTICULAR PRIVILEGES OR BENEFITS GRANTED TO ANY MEMBER WILL BE DELIVERED OR HAVE ANY PARTICULAR VALUE. THE COMPANY AND OTHER ASSOCIATES, ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AUTHORIZED OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ORDERS. THE COMPANY AND OTHER ASSOCIATES, ARE NOT RESPONSIBLE FOR ANY PROBLEMS, ERRORS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR ANY FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO MEMBER’S OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING INFORMATION MATERIALS FROM THIS PROGRAM.
MEMBERS FURTHER ACKNOWLEDGES THAT ALL RV AND OTHER VEHICLE VALUATIONS ON ANY COMPANY OR PROGRAM ASSOCIATED WEB SITE AND RELATED CONTENT ARE THE OPINIONS OF THE APPLICABLE THIRD PARTY EDITORIAL STAFF AND MAY VARY FROM VEHICLE TO VEHICLE, AND THAT VALUATIONS WILL VARY DEPENDING ON MARKET CONDITIONS, VEHICLE CONDITIONS, SPECIFICATIONS OR OTHER CIRCUMSTANCES THAT MA E PARTICULAR TO A VEHICLE TRANSACTION OR INVOLVED WITH A TRANSACTION.
MEMBERS FURTHER ACKNOWLEDGE THAT THEIR PARTICIPATION IN THE PROGRAM MAY INVOLVE ATTENDANCE AT RV RALLIES, ADMITTANCE TO TRADE SHOWS, AND ATTENDANCE AT OTHER CONTESTS, MEETINGS AND EVENTS, AND THAT NEITHER THE COMPANY NOR THE ASSOCIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY SUCH ATTENDANCE (OR INABILITY TO ATTEND) OR ADMITTANCE OR ANY PROPERTY DAMAGE, PERSONAL INJURY (UP TO AND INCLUDING DEATH), OR OTHER DAMAGE, COST OR EXPENSE THAT MAY BE INCURRED OR SUFFERED BY ANY SUCH MEMBER IN CONNECTION THEREWITH.
THE COMPANY DOES NOT IN ANY do not in any way imply that the materials on the Site or the products we discuss are available or for use outside the United States or in jurisdictions in which THE COMPANY IS NOT licensed to do business, or that THE COMPANY IS soliciting business in any such jurisdiction.
WHEN A MEMBER completes an on-line request for an INSURANCE rate quote or other program benefits, services or products, SUCH MEMBER IS confirming that HE OR SHE IS not a resident in any such jurisdiction. By providing material on the Site, THE COMPANY does not in any way promise that the materials will remain available to you or that ANY PARTICULAR MEMBER WILL qualify for the products THE COMPANY MAY offer. Some products may not be available in all jurisdictions.
It is THE responsibility OF EACH MEMBER as a prudent reader to understand and determine on HIS OR HER own what HE OR SHE needs to do in order to make informed decisions in connection with matters discussed on PROGRAM MATERIALS OR ON ANY COMPANY OR PROGRAM ASSOCIATED WEBSITES.
BY PARTICIPATING IN THE PROGRAM, EACH MEMBER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFIES AND HOLDS HARMLESS THE COMPANY, THE CLUB AND THE ASSOCIATES, AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY THAT MAY ARISE EITHER DIRECTLY OR INDIRECTLY FROM ACTIONS TAKEN BY SUCH MEMBER, SUCH MEMBER’S PARTICIPATION (OR INABILITY TO PARTICIPATE) IN THE PROGRAM IN ANY MANNER OR RECEIPT OR USE OF (OR LACK OF RECEIPT OF) ANY BENEFIT, SERVICE, PRODUCT OR PRIVILEGE PERTAINING THERETO, SUCH MEMBER’S ATTENDANCE AT (OR INABILITY TO ATTEND) ANY PROGRAM EVENTS OR OTHERWISE ARISING FROM THE PROGRAM, FOR ANY ACTIONS OR OMISSIONS BY THE COMPANY, OR FOR ANY TORTIOUS ACTS BY ANY THIRD PARTY. MEMBERS ACKNOWLEDGE THAT THE COMPANY’S PROVISION OF THE PROGRAM UNDER THESE TERMS AND CONDITIONS, INCLUDING THE AMOUNT OF ANY DUES CHARGED, IS BASED ON THE EXPECTATION THAT THE RISK OF ANY LOSS, INJURY OR DAMAGE THAT MIGHT BE INCURRED IN CONNECTION WITH THE PROGRAM WILL BE BORNE BY THE MEMBERS THEMSELVES AND NOT BY THE COMPANY OR THE RELEASED PARTIES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE PROGRAM IN ANY MANNER, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. MEMBERS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE PROGRAM IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
IF, NOTWITHSTANDING THE ABOVE LIMITATIONS, MONETARY LIABILITY IS IMPOSED BY A COURT OF COMPETENT JURISDICTION ON THE COMPANY OR THE RELEASED PARTIES, MEMBERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S OR THE RELEASED PARTIES’ LIABILITY TO A MEMBER OR ANY OTHER PARTY EXCEED THE LESSER OF ACTUAL DAMAGES OR $100.
EACH LIMITATION OF DAMAGES, DISCLAIMER OF WARRANTIES, OR LIMITATION OF REMEDIES SET FORTH HEREIN IS SEVERABLE AND INDEPENDENT, AND SHALL BE ENFORCED INDEPENDENTLY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, EACH MEMBER HEREBY EXPRESSLY AND SPECIFICALLY AGREES THAT, ANY REVIEW OR INSPECTION BY THE COMPANY OF ANY PROGRAM MATERIALS IS FOR THE SOLE PURPOSE OF ENSURING THAT ALL USE OF THE COMPANY’S TRADEMARKS ARE CONSISTENT WITH, AND DOES NOT JEOPARDIZE, THE COMPANY’S GOODWILL AND OWNERSHIP RIGHTS IN SUCH TRADEMARKS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER HEREBY AGREES TO RELEASE AND HOLD THE COMPANY, AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE PROGRAM, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PROGRAM PRODUCT, SERVICE, BENEFIT OR PRIVILEGE, OR FROM YOUR OR YOUR GUEST’S USE, MISUSE, PURCHASE OR SALE, OR ATTEMPTED PURCHASE OR SALE OF ANY RV OR OTHER VEHICLE, RV OR OTHER VEHICLE PARTS OR ACCESSORIES, OR ANY OTHER THIRD PARTY PRODUCTS OR SERVICES THROUGH THE PROGRAM OR ANY COMPANY OR PROGRAM ASSOCIATED WEB SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (1) YOUR OR YOUR GUEST’S PARTICIPATION IN THE PROGRAM, (2) YOUR OR YOUR GUEST’S USE, MISUSE OR PURCHASE OF OR YOUR INABILITY TO USE OR PURCHASE ANY PROGRAM OR COMPANY PRODUCT, SERVICE, BENEFIT OR PRIVILEGE (OR OTHER ANY PRODUCT, SERVICE, BENEFIT OR PRIVILEGE MADE AVAILABLE OR PURCHASED THROUGH ANY COMPANY OR PROGRAM ASSOCIATED WEB SITE), OR (3) ANY FAILURE, DELAY, OR DECISION BY THE COMPANY IN ADMINISTERING THIS PROGRAM.
With respect to insurance purchased through THE COMPANY BY A MEMBER, THE MEMBER’S insurance policy, not the statements on OTHER PROGRAM MATERIALS (INCLUDING ON ANY COMPANY OR ASSOCIATED PROGRAM WEBSITES), form the contract between the insured MEMBER and the INSURANCE company issuing the policy.]
With respect to LOANS OR OTHER FINANCING OBTAINED through THE COMPANY BY A MEMBER, THE MEMBER’S LOAN OR FINANCE AGREEMENT, not the statements on OTHER PROGRAM MATERIALS (INCLUDING ON ANY COMPANY OR ASSOCIATED PROGRAM WEBSITES), form the contract between the MEMBER OBTAINING SUCH LOAN OR OTHER FINANCING and the LENDING OR FINANCING company PROVIDING SUCH LOAN OR FINANCING.]
AMERIGO RV DIRECT - CLASSIFIEDS
AmeriGO RV Direct is a vehicle listing and information service offered by the program meant to bring together RV sellers and buyers. the company does not supply the information about a particular vehicle, that information is supplied by the seller (private individual or partner dealer) The price and other terms of a vehicle sale may remain subject to direct negotiation between the buyer and the seller. note that The listed price may exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, and any of these fees, taxes and charges may be added to the listed price to calculate the final sale price. the company does not and cannot (A) verify the vehicle information provided by sellers or other third parties, (B) provide any guaranty or warranty with respect to the vehicles listed on AmeriGO RV Direct, or (C) guaranty that the buyer has valid funds to purchase a vehicle or is otherwise able to purchase the vehicle. the company recommends that you exercise due diligence, common sense and good judgment when you use AmeriGO RV Direct to purchase or sell a vehicle. Each seller is responsible for the information contained in such seller’s listing. users of AmeriGO RV Direct agree that the company has the right to perform random quality and security assurance tests to confirm that those who offer vehicles for sale and those who purchase vehicles on AmeriGO RV Direct are in compliance with the requirements herein and in the AmeriGO RV Direct terms of sale, which tests may include the monitoring of communications between the seller and buyer through AmeriGO RV Direct. the company reserves the right to deny a particular seller or buyer from using the AmeriGO RV Direct service if the company suspects or believes that such buyer or seller is in violation of these terms and conditions of the AmeriGO RV Direct terms of sale or is otherwise engaging in unethical, fraudulent, illegal, deceptive, dishonest, disruptive or objectionable behavior.]
Except where prohibited by applicable law, by participating in the Program, you allow the Company and its respective affiliated companies, and any of their respective sponsors or co-promotional partners (including the Associates), to use your name, photograph and likeness, and any postings you may make on web sites, for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, photographs taken at competitive events or in connection with members-only events or promotions might be used to promote the Program or an Associate’s services, products or benefits. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
Program materials and Company and Program associated web sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents thereof are copyrighted as a collective work under the United States copyright laws. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download or print Program materials (including copyrighted material) for Member’s personal use only. Except as otherwise expressly permitted under copyright law and other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of any Program material (including copyrighted material), no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading or printing any Program material (including copyrighted material).
Members shall not upload, post or otherwise make available on or through any Company or Program associated web site (including any e-mail, bulletin boards, chat rooms or other electronic communication or social networking systems provided therein) any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Members. A Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material and content (including listings, comments and reviews) to any public area of any Company or Program associated web site or through any e-mail, bulletin boards, chat rooms or other electronic communication or social networking systems provided therein (e.g., AmeriGO RV Direct), a Member automatically grants, or warrants that the owner of such material and content has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material and content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material and content. Each Member also permits any other Member to access, view, store, or reproduce the material and content for that Member’s personal use. Each Member hereby grants the Company the right to edit, copy, publish and distribute any material and content made available on any Company or Program associated web sites or through any e-mail, bulletin boards, chat rooms or other electronic communication or social networking systems provided therein by such Member.
The foregoing provisions are for the benefit of the Company and each of its respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Company and the Program and each of their logos are trademarks or service marks of AmeriGO RV Club, LLC. All rights reserved. All other trademarks and service marks appearing on the Company’s materials or any Company or Program associated webs site are the property of their respective owners.
MEMBER PROMOTIONS AND OFFERS
General. The Company may offer certain promotions (including, without limitation, member experiences, special offers and other promotional prizes, items and giveaways) to Program Members from time to time in the Company’s sole and absolute discretion. Such offers shall be subject to the terms and conditions established by the Company with respect to such offers and any Program Members participating in any such offers agree to be bound by such terms and conditions. Program Members acknowledge that the Company may, subject to applicable law and the terms and conditions of the applicable promotional offer, allocate such member experiences and other promotional prizes, items and giveaways in its sole and absolute discretion (including, without limitation, by random drawing or contest, or on a first-come first-serve or seniority basis).
Members acknowledge that certain Program services, benefits, products, events and offers that are presented to Members through or in connection with Program, are only available to and/or only intended and appropriate for individuals eighteen 18 (and sometimes even 21) years of age or older. Members and (guests of Members, as applicable) guests which do not qualify for services, benefits, products, events and offers may not respond to such offers, use such services, benefits or products, or attend such events. Persons under the age of eighteen (18) may not attend any Program sponsored events unless (a) such attendance is expressly permitted in writing by the Program, and (b) they (i) are accompanied by such person’s parent or legal guardian or (ii) attend with the express, written, valid consent of such person’s parent or legal guardian.
The Program is controlled and operated by the Company from its offices in Bowling Green, Franklin, Kentucky. These Terms and Conditions and all other incorporated Program documentation shall be construed in accordance with the Kentucky law, without regard to any conflict of law's provisions, and shall constitute the complete and exclusive statement of the agreement of the parties with respect to the Program.
Any dispute arising in connection with the Program or these Terms and Conditions shall be resolved exclusively by the state and federal courts located in Warran County, Kentucky.
These Terms and Conditions are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law.
No failure or delay by the Company in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by the Company must be embodied in a written document signed by the Company.
IT IS THE EXPRESS INTENT OF THE PARTIES THAT THESE TERMS AND CONDITIONS, AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH. C’EST LA VOLONTÉ EXPRESSE DES PARTIES QUE LA PRÉSENTE CONVENTION AINSI QUE LES DOCUMENTS QUI S’Y RATTACHENT SOIENT RÉDIGÉS EN ANGLAIS.