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AGREEMENT BETWEEN USER AND Alex RV
The Alex RV Web Site is comprised of various Web pages operated by Alex
RV.
The Alex RV Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Alex RV Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Alex RV reserves the right to change the terms, conditions, and notices
under which the Alex RV Web Site is offered, including but not limited
to the charges associated with the use of the Alex RV Web Site.
LINKS TO THIRD PARTY SITES
The Alex RV Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Alex RV and Alex
RV is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Alex RV is not responsible for webcasting
or any other form of transmission received from any Linked Site. Alex RV
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Alex RV of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Alex RV Web Site, you warrant to Alex
RV that you will not use the Alex RV Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the Alex RV Web Site in any manner which could damage, disable,
overburden, or impair the Alex RV Web Site or interfere with any other
party's use and enjoyment of the Alex RV Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Alex RV Web
Sites.
USE OF COMMUNICATION SERVICES
The Alex RV Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and
not as a limitation, you agree that when using a Communication Service,
you will not:
•Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
•Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
•Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
•Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
• Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain
letters.
• Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
• Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the
Communication Services.
• Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
Alex RV has no obligation to monitor the Communication Services.
However, Alex RV reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. Alex RV reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any
reason whatsoever.
Alex RV reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Alex RV's sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any
Communication Service. Alex RV does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, Alex RV specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized Alex RV spokespersons, and their views do not necessarily
reflect those of Alex RV.
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Alex RV OR POSTED AT ANY Alex RV
WEB SITE
Alex RV does not claim ownership of the materials you provide to Alex RV
(including feedback and suggestions) or post, upload, input or submit to
any Alex RV Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Alex RV, its affiliated
companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use
of your Submission, as provided herein. Alex RV is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in Alex RV's sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Alex RV WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Alex RV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Alex RV WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Alex RV WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Alex RV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE Alex RV WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Alex RV AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL Alex RV AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Alex RV WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Alex RV WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Alex RV WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Alex RV WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Alex RV OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Alex RV WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Alex RV WEB SITE.
SERVICE CONTACT : jeff@baetech.com
TERMINATION/ACCESS RESTRICTION
Alex RV reserves the right, in its sole discretion, to terminate your
access to the Alex RV Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the Alex RV Web Site. Use of
the Alex RV Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Alex RV as a result of this agreement or use of the Alex RV Web Site.
Alex RV's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of Alex RV's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Alex RV
Web Site or information provided to or gathered by Alex RV with respect
to such use. If any part of this agreement is 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. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Alex RV with respect to the
Alex RV Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Alex RV with respect to the Alex RV Web Site. A
printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Alex RV Web Site are: and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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