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RV123 Terms and Conditions
Welcome to RV123.com a Systems 2000, Inc product. By using RV123.com (and its
related sites, services and tools), you agree to the following terms with
Systems 2000, Inc. and the general principles for the websites of our
subsidiaries and international affiliates. If you reside outside of the
United States , you are contracting with one of
our international RV123 companies: In countries within the European Union, your
contract is with RV123 Europe S.à r.l.; in all other countries, your contract is
with RV123 International AG. If you have any questions, please refer to our help
This Agreement is effective on January 1, 2011, for current users, and upon
acceptance for new users.
Before you may become a member of RV123, you must read and accept all of the
strongly recommend that, as you read this User Agreement. By accepting this User
whenever you use RV123 sites or services, or when you use the tools we make
available to interact with RV123 sites and services.
While using RV123 sites, services and tools, you will not:
* post content or items
in an inappropriate category or areas on our sites and services;
* violate any laws,
third party rights or our policies, such as the Prohibited and Restricted Items
* use our sites,
services or tools if you are not able to form legally binding contracts, are
under the age of 18, or are temporarily or indefinitely suspended from using our
sites, services or tools;
* manipulate the price
of any item or interfere with other users' listings;
* circumvent or
manipulate our fee structure, the billing process, or fees owed to RV123;
* post false,
inaccurate, misleading, defamatory, or libelous content (including personal
* take any action that
may undermine the feedback or ratings systems (such as displaying, importing or
exporting feedback information off of the sites or using it for purposes
unrelated to RV123);
* transfer your RV123
account (including feedback) and User ID to another party without our consent;
* distribute or post
spam, unsolicited, or bulk electronic communications, chain letters, or pyramid
* distribute viruses or
any other technologies that may harm RV123, or the interests or property of
* export or re-export
any RV123 tools except in compliance with the export control laws of any
* copy, modify or
distribute rights or content from the RV123 sites, service or tools or RV123's
copyrights and trademarks; or
* harvest or otherwise
collect information about users, including email addresses, without their
RV123 and the Community work together to keep our sites and services working
properly and the Community safe. Please report problems, offensive content, and
policy violations to us.
RV123 works to ensure that listed items do not infringe upon the copyright,
trademark or other intellectual property rights of third parties. If you believe
that your intellectual property rights have been violated, please notify us
Without limiting other remedies, we may limit, suspend or terminate our service
and user accounts, prohibit access to our sites and their content, services and
tools, delay or remove hosted content, and take technical and legal steps to
keep users off the sites if we think that they are creating problems or possible
legal liabilities, infringing the intellectual property rights of third parties,
or acting inconsistently with the letter or spirit of our policies.
Additionally, we may, in appropriate circumstances and at our discretion,
suspend or terminate accounts of users who may be repeat infringers of
intellectual property rights of third parties. We also reserve the right to
cancel unconfirmed accounts or accounts that have been inactive for a long time,
or to modify or discontinue RV123 sites, services or tools.
Fees and Services
Joining RV123 and viewing listed items is free. However, we do charge fees to
business entities (non-private sellers) for listing items. When you list an item
or use a service that has a fee, you have an opportunity to review and accept
the fees that you will be charged based on our Fees schedule, which we may
change from time to time. Changes to that schedule are effective after we
provide you with at least fourteen days' notice by posting the changes on the
RV123 site. We may choose to temporarily change the fees for our services for
promotional events (for example, free listing days) or new services, and such
changes are effective when we post the temporary promotional event or new
service on the sites.
RV123s highest priority is its members’ success. However, the RV123 site
occasionally experiences outages. A pro rata credit will be
applied to any fees paid, in the event of outages lasting more than 72 hours.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with our sites
and services in a timely manner with a valid payment method. If your payment
method fails or your account is past due, we may collect fees owed using other
collection mechanisms. (This includes charging other payment methods on file
with us, retaining collection agencies and legal counsel, and for accounts over
30 days past due.
Default. Remedies. You will be in "default" hereunder, if any one or more of the
following shall occur: (a) you fail to pay within 30 days to Systems 2000, Inc.
any current amounts due under the Agreement, or (b) you breache any
term of the Agreement, or (c) you make any
misrepresentation to Systems 2000, Inc., or (d) you fail to pay any other
obligation owed to Systems 2000, Inc., or any of its
Upon default, Systems 2000, Inc. may do any one or more of the following:
recover the sum of any and all service fees, late charges and other amounts due
and owing under any or all Agreements and/or utilize any other right or remedy
provided by applicable law. You shall also pay to Systems 2000, Inc. interest on
all unpaid sums due hereunder from the due date thereof until paid in full, at a
rate per annum equal to the lower of 1-1/2% per month or the highest rate of
interest permitted by applicable law along with all collection, attorney and
other fees incurred in the enforcement of this contract. Systems 2000 reserves
the right to terminate the access to the aforementioned site for any payments
delinquent greater than 30 days, unauthorized users of the software or
unauthorized 3rd party data insertion, extraction, or manipulation.
When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to
exercise any and all copyright, trademark, publicity, and database rights (but
no other rights) you have in the content, in any media known now or in the
For the convenience of sellers, we may offer catalogs of stock images,
descriptions and product specifications that are provided by third. You may use
catalog content solely in connection with your RV123 listings during the time
your listings are on RV123's sites.
While we try to offer reliable data, we cannot promise that the catalogs will
always be accurate and up-to-date, and you agree not to hold our catalog content
providers or us responsible for inaccuracies in catalogs. If you choose to
include catalog content in your listings, you continue to be fully responsible
for your listings and for ensuring that your listings are accurate, do not
include misleading information, and comply with this User Agreement and all
RV123 policies. The catalogs may include copyrighted, trademarked or other
proprietary materials. You agree not to remove any copyright, proprietary or
identification markings included with the catalogs or create any derivative
works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold RV123 responsible for other users' content, actions or
inactions, items they list or their destruction of allegedly fake items. Our
sites are venues to allow anyone to offer, sell, and buy just about anything
relating to recreational products. We are not involved in the actual transaction
between buyers and sellers. While we may help facilitate the resolution of
disputes through various programs, we have no control over and do not guarantee
the quality, safety or legality of items advertised, the truth or accuracy of
users’ content or listings, the ability of sellers to sell items, the ability of
buyers to pay for items, or that a buyer or seller will actually complete a
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our
liability to you or to any third party is limited to one months listing service
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code §1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
Access and Interference
Much of the information on the sites is updated on a real-time basis and is
proprietary or is licensed to RV123 by our users or third parties. You agree
that you will not use any robot, spider, scraper or other automated means to
access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
* take any action that
imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure;
* copy, reproduce,
modify, create derivative works from, distribute, or publicly display any
content (except for your information) from the sites without the prior express
written permission of RV123 and the appropriate third party, as applicable;
* interfere or attempt
to interfere with the proper working of the sites, services or tools, or any
activities conducted on or with the sites, services or tools; or
* bypass our robot exclusion
headers or other measures we may use to prevent or restrict access to the sites.
We view protection of users' privacy as a very important community principle. We
store and process your information on computers located in the United States
that are protected by physical as well as technological security devices. You
can access and modify the information you provide us and choose not to receive
certain communications by signing-in to your account.
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement, or your violation of any law or the rights
of a third party.
Systems 2000, Inc. shall in no event be liable for direct, indirect, special,
incidental, contingent, or consequential damages resulting from any oral
information, software update/upgrades, or customized software including loss of
data, even if Systems 2000, Inc. or an authorized representative of Systems
2000, Inc. has been advised of the possibility of such damages.
You agree that Systems 2000 Inc.'s liability arising out of contract,
negligence, strict liability in tort or obligation shall not exceed any amounts
paid by you for one month's service. Any written or oral
information or advice given by Systems 2000, Inc. dealers, distributors, agents,
or employees will in no way increase the scope of this warranty.
Nor may you rely on such oral or written communication.
Some states do not allow the exclusion or limitation of implied
warranties or liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This warranty
gives you specific legal rights, and you may also have other rights which vary
from state to state. The laws of the State of
Florida shall govern this agreement and the venue for any
litigation, mediation, or other shall be in
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on RV123's
national registered agent (in the case of RV123) or to the email address you
provide to RV123 during the registration process (in your case). Notice shall be
deemed given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you legal notice
by mail to the address provided during the registration process. In such case,
notice shall be deemed given three days after the date of mailing.
Notices. All notices required or provided for in this agreement, shall be in
writing and shall be addressed to you or Systems 2000, Inc. as the case may be,
at its address set forth above or such other address as either such party may
from time to time designate in writing to the other party. Such notice shall be
deemed delivered and effective: (a) upon receipt, if delivered by hand or
overnight courier, or (b) three (3) days after deposit with the U.S. Postal
Service, if sent certified mail, return receipt requested with postage prepaid.
Notices by email shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid