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User Agreement
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Terry Town RV.com and its
affiliates provide their services to you subject to the following terms. If you
visit, view or shop at Terry Town RV.com, you accept these conditions. Please
read them carefully. In addition, when you use any current or future Terry Town
RV.com service or visit or purchase from any business affiliated with Terry Town
RV.com, whether or not included in the Terry Town RV.com Web site
("Site" or "Website"), you also will be subject to the
guidelines and conditions applicable to each service or business.
While using this Site you will not:
* use the Site
if you are not able to form legally binding contracts or are under the age of
18;
* post false, inaccurate, misleading, defamatory, or
libelous content (including personal information);
*
distribute or post spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm Terry
Town RV.com or any other website or user;
* copy, modify or
distribute content from the Site and Terry Town RV.com copyrights and
trademarks; and
* use any server associated with this
website for any unauthorized use. |
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If you plan on
purchasing a product, including, but not limited to, parts, accessories, equipment,
vehicles, and RV's in general (collectively "Product(s)"), Terry Town
RV.com shall provide you with the ability to select a User I.D. and Password.
You shall maintain your User I.D. and Password in strict confidence. You shall
be solely responsible for the maintenance and confidentiality of your User I.D.
and Password. Unauthorized sharing of a User I.D. and Password is prohibited.
You will be held responsible for any actions relating to this website which
occur under your User I.D. and Password. |
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You shall be responsible
for all electronic communications, including account registration and other
account holder information, email and financial and other data
("Electronic Communications") entered through or under your User I.D.
and Password. You authorize Terry Town RV.com to rely upon any information Terry
Town RV.com receives from your User I.D. and Password and you acknowledge that Terry
Town RV.com shall not, in any way, be liable as a result of Terry Town RV.com
relying on any such information provided by you. Terry Town RV.com will act as
though any Electronic Communications Terry Town RV.com receives under your User
I.D. and Password were sent by you. You agree to immediately notify Terry Town
RV.com if you become aware of any loss or theft or unauthorized use of your
User I.D. and Password. |
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CHARGES
AND PAYMENTS
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- If you make a purchase, you shall bear sole
responsibility for the payment of any taxes imposed on your purchase and
receipt of the PRODUCTS by the national and/or local jurisdictions of and
within your country.
- Refunds will be granted based solely on the discretion of Terry
Town RV.com. In the event of a Terry Town RV.com system failure while you are
purchasing or receiving PRODUCTS, Terry Town RV.com may not charge your credit
card account for such usage provided that the PRODUCT is not completely
received by you. However, Terry Town RV.com shall not be responsible for any
software, website, Internet defects that may affect a user's purchase or
delivery of any Product.
- All charges to your credit card account by Terry Town RV.com shall
be denominated in United States Currency.
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Without limiting other
remedies, we may limit, suspend, or terminate our service and user accounts,
prohibit access to our website, remove hosted content, and take technical and
legal steps to keep users off the Site if we think that they are creating
problems or possible legal liabilities. |
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Terry Town RV.com and its affiliates attempt to be as
accurate as possible when describing a product or service. However, Terry Town
RV.com does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. |
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Vehicle pricing through
this Website is offered as a service to the public. Any errors in pricing,
options, floor plans, or materials will not be the responsibility of Terry Town
RV.com. Terry Town RV.com reserves the right to refuse any and all transactions
that occur via this Website. Vehicle orders from this Website will not be
accepted without a completed contract between our company and the individual
placing the order. A completed contract consists of the following
items:
All orders must be checked and verified for accuracy
prior to the order being accepted. Any order that is found to be inaccurate
will not be accepted. A one-time non-refundable deposit is required for all
orders that are accepted to be determined in the sole discretion of Terry Town
RV.com. |
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DISCLAIMER OF WARRANTIES
AND LIMITATION OF
LIABILITY |
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THIS SITE IS PROVIDED BY TERRY
TOWN RV.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TERRY
TOWN RV.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR PURCHASED FROM THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
ACCORDINGLY, TERRY TOWN RV.COM DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS OR E-MAIL SENT FROM TERRY TOWN RV.COM ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TERRY TOWN RV.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. |
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If you have a dispute with a manufacturer of any product we
sell, 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. In addition, you release us from any
liability for any transactions completed or attempted on this Site and for any
transaction related to delivery of any product ordered from this Site or any
entity related to Terry Town RV.com |
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You will not:
- copy, reproduce, modify, create
derivative works from, distribute, or publicly display any content (except for
information provided by you) from the Site without the prior express written
permission of Terry Town RV.com and the appropriate third party, as applicable;
- interfere or
attempt to interfere with the proper working of the Site or any activities
conducted on the site;
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We do not sell or rent your
personal information to third parties for their marketing purposes without your
explicit consent. 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. We use
third parties to verify and certify our privacy principles. If you object to
your Information being transferred or used in this way please do not use our
services. |
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No agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement. |
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Except as explicitly stated
otherwise, legal notices shall be served on Terry Town RV.com's national
registered agent (in the case of Terry Town RV.com) or to the email address you
provide to Terry Town RV.com 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. |
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If a dispute arises between
you and Terry Town RV.com, our goal is to provide you with a neutral and cost
effective means of resolving a dispute quickly. Accordingly, you and Terry Town
RV.com agree that we will resolve any claim or controversy at law or equity
that arises out of this Agreement our or services (a "Claim") in
accordance with one of the subsections below or as we and you otherwise agree
in writing. We will consider reasonable procedures, such as mediation or
arbitration, as alternatives to litigation.
- Law and Forum for
Disputes- This Agreement shall be governed in all respects by
the laws of the State of Michigan as they apply to the Agreements entered into
and to be performed entirely within Michigan between Michigan residents,
without regard to conflict of law provisions and without regard to your
location. You agree that any claim or dispute you may have against Terry Town
RV.com must be resolved by a court located in Muskegon
County, Michigan or such federal
court located nearest to Muskegon
County, except as
otherwise agreed by the parties or as described in the Arbitration Option paragraph
below. You agree to submit to the personal jurisdiction of the courts located
within Muskegon County, Michigan for the purpose of litigating all
such claims or disputes.
- Arbitration Option- For any claim
(excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000, the party requesting relief
may elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration upon the express written consent of Terry Town
RV.com to such arbitration. The ADR provider and the parties must comply with
the following rules: a) the arbitration shall be conducted by telephone, online
and/or be solely based on written submissions, the specific manner shall be
chosen by the party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and c) any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
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MISCELLANEOUS AND
INDEMNITY |
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- This Agreement represents the entire agreement between
the parties hereto.
- If any provision of this Agreement or its application is held to
be invalid, illegal, or unenforceable in any respect, the validity, legality or
enforceability of any of the provisions and applications herein shall not in
any way be affected or impaired.
- You hereby agree to indemnify and hold Terry Town RV.com and
its affiliates, owners, directors, officers, employees, agents and
representatives harmless from all claims, liabilities, damages and expenses
(including attorneys' fees and expenses) arising out of or relating to: (i)
your use of the website or (ii) any alleged breach of this Agreement by you.
- By using this
website, you signify your agreement to the terms and conditions of this
Agreement. If you do not agree to the terms in this Agreement, you must not use
this website. Terry Town RV.com reserves the right to change the terms of this
Agreement at any time, and your use of this website after such changes are
posted means that you accept such terms as revised.
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