Terms of Use for RVdata.com/RVCentralDatabase.com

The following are the terms of the agreement between RV Data Inc.and/or RVCentraldatabase.com ("the Company"), and RV Dealers ("the Seller") and third party entities (the Classified web site or portal) presenting for sale information provided by RV Data, Inc.and/or RVCentraldatabase.com ("the Company") through its classified as submission services. If you do not agree to these terms, you should not place any ads, or accept any data feeds from RV Data Inc.and/or RVCentraldatabase.com ("the Company")

Please review these terms carefully:

1. Introduction
   Seller agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Seller, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Seller agrees to review this Contract prior to selling anything and listing a product shall be deemed acceptance of this Contract.
   
   
2. Setup and Payment
   Seller represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Seller will be honored by the Seller's credit card company and (iii) Seller shall pay charges incurred by Seller at the amounts in effect at the time incurred, including all applicable taxes. Seller shall be responsible for all charges incurred through use of Sellers password. Seller agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Seller from unauthorized use of Seller's password.
   
   
3. Copyright
   The content, organization, gathering,compilation, database, data files, data file schema, magnetic translation, digital conversion and other matters related to the Site are proprietary to the Company and protected under applicable, copyrights, trademarks, and other proprietary(including but not limited to intellectual property) rights. Except for the publication of sale information by an authorized third party Classified web site or portal to whom the Company directly transmits such information, the copying, redistribution, use or publication by a Seller or third party of any such content or material or any part of the Site is strictly prohibited. To the extent that Seller owns any copyrights in the data or compilation of data requested by the Company, such copyrights are hereby deemed assigned to and owned by the Company. Seller shall not permit the data files or advertising information compiled by the Company to be published by any third party Classified web site or portal unless the Seller has registered the Classified website or portal with the Company and the data files or information are transmitted from the Company directly to the Classified website or portal.
   
   
4. Editing, Deleting, and Modification
   Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
   
   
5. Right to Refuse
   Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
   
   
6. Indemnification
   Seller agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Seller's violation of this Contract or use of the Site.
   
   
7. Non-Transferable
   Seller's right to use the Service is not transferable and is subject to any limits established by Company or by Seller's credit card company.
   
   
8. Disclaimer
   THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND SELLER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR SERVICES PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
   
   
9. Refund Policy
   All charges incurred for each ad submitted through the Site are non-refundable.
   
   
10. Use of Information
    Company reserves the right, and Seller authorizes Company, to the use and assignment of all information regarding Seller's use of the Site and all information provided by Seller, subject to applicable law. Miscellaneous. This Contract shall be treated as though it were executed and performed in Fort Myers, Florida, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Florida (without regard to conflict of law principles). Any cause of action of Seller with respect to the Site must be instituted within three (3) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Fort Myers, Florida, and Seller expressly submits to the jurisdiction of said courts and Seller consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.