Terms of Service
|TERMS OF SERVICE
RentMyBudgetRV.com starts every new User relationship with a contract.
The contract spells out what you can expect from us, and what we expect from you. We do not know each User personally, so it is important to set out the ground rules clearly in advance.
By continuing to use our RentMyBudgetRV.com you are agreeing to these terms.
If you have any questions about any part of the contract, please do not use our Site.
In this agreement, we have referred to the RentMyBudgetRV.com service as the "Service", to you as the "User" and to this contract as the "Agreement".
II. Relationship Between RentMyBudgetRV.com And User: Providing Only a Venue
RentMyBudgetRV.com is an Internet forum that facilitates communication between RV "Owners" and potential "Renters". RentMyBudgetRV.com acts as a venue for Owners and Renters to exchange information with the goal of Renter contracting to Rent an "Item" from Owner. RentMyBudgetRV.com does not guarantee that Users will successfully find an Item to Rent through this system. RentMyBudgetRV.com takes no position and offers no opinion on when or if a "Contract" has been formed.
In order to provide an optimal forum for Renters and Owners, RentMyBudgetRV.com does not involve itself in the agreements between Renters and Owners. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not RentMyBudgetRV.com, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Service.
Disclaimer of attorney-client relationship
Any form of use of the Service by a Owner or potential Renter is not intended to and will not create a contract between any person or entity and RentMyBudgetRV.com. Any electronic communication sent to RentMyBudgetRV.com will not create a contract between the User and RentMyBudgetRV.com, such being expressly denied.
RentMyBudgetRV.com does not screen or vouch for any of its Owners
Providing a service where potential Owners and Renters can meet does not imply an endorsement of any Owner. RentMyBudgetRV.com makes no representation concerning an Items condition, nor does it sanction statements an Owner may post on the system. RentMyBudgetRV.com does not screen Owners, or otherwise channel potential Renters to selected Owners.
RentMyBudgetRV.com Does not provide legal advice
RentMyBudgetRV.com is not a law firm. RentMyBudgetRV.com offers no legal advice, recommendations, mediation, or counseling under any circumstance.
RentMyBudgetRV.com makes no representation, guarantee, or warranty (express or implied) as to the condition of any Item listed through this Web site or any affiliate thereof.
III. User Guidelines
In order to keep this system attractive and useful for all Users, it is important that Users follow the rules of the system. Some of these rules are described in this contract, and the rest in bulletins posted at various points in the system. RentMyBudgetRV.com reserves the right to deny further access to its service to any User who violates these rules, is the subject of complaints by other RentMyBudgetRV.com Users, for any other reason, or for no reason at all.
Users may not engage in any of the following activities on our system:
do or say anything to injure or harm others
display material containing nudity or pornographic material of any kind
provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
defame any person or group
display material that exploits children under 18 years of age
violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation)
violate Internet standards
use the Service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy
interfere with or disrupting the Service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting "junk mail", "spam", "chain letters", or unsolicited mass distribution of email
encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
compromise the security of the Service RentMyBudgetRV.com provides. Do not try to gain access to system areas private to RentMyBudgetRV.com, or to other Users.
As part of our service to all Users, RentMyBudgetRV.com provides feedback from other Users. RentMyBudgetRV.com is not responsible for the authenticity of this feedback.
V. Disclaimer of Information Obtained on the Service
RentMyBudgetRV.com is not responsible for the content of materials posted on its Web sites. The claims expressed are those of the individual Users of the Service and do not reflect those of RentMyBudgetRV.com. Data submitted by other Users is not verified or reviewed in any way before it appears on the RentMyBudgetRV.com Web site. RentMyBudgetRV.com does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site.
RentMyBudgetRV.com makes every effort to verify the identity of Owners who subscribe to the Service. However, RentMyBudgetRV.com is unable to track, verify, or monitor Owners in perpetuity. Therefore, RentMyBudgetRV.com makes no representation regarding the integrity, of Owners and their Listings listed through this Web site. Users are urged to make their own independent investigation regarding any claim made on Site.
RentMyBudgetRV.com is not responsible for, and in no way endorses, any description of Items listed on Site.
RentMyBudgetRV.com makes every effort to maintain the confidentiality of any information submitted by Users to our System and our database of members. However, because RentMyBudgetRV.com cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System.
The User agrees that RentMyBudgetRV.com is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold RentMyBudgetRV.com harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to RentMyBudgetRV.com / ASGweb, LLC, its affiliates, directors, officers and employees. RentMyBudgetRV.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of RentMyBudgetRV.com.
VIII. Communications and Other Data
RentMyBudgetRV.com is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
IX. Other RentMyBudgetRV.com Rights
RentMyBudgetRV.com also reserves the following rights:
to deny service to offenders of these guidelines or the Agreement
to terminate or deny service to anyone for any reason or no reason
X. Modifications to Terms of Service
RentMyBudgetRV.com may change the Agreement at any time. The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.
XI. Modifications to Service
RentMyBudgetRV.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that RentMyBudgetRV.com shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that RentMyBudgetRV.com may immediately delete data and files in the User's account and bar any further access to such files or the Service.
XII. Proprietary Rights
RentMyBudgetRV.com owns certain things on this system, including the 'look and feel' of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any message thread from the system, either electronically or in print, without permission and the permission of all participants in the thread. This is not a complete list; other things on the system are also RentMyBudgetRV.com property. Contact RentMyBudgetRV.com before copying anything from the system with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by RentMyBudgetRV.com or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that RentMyBudgetRV.com can display images and text throughout the Service.
XIII. Disclaimer of Warranties and Limitation of Liability
A great danger for RentMyBudgetRV.com, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other Users' computers are damaged, we might be blamed even though a User left the virus on our System. If a User transmits illegal or improper information to another User, we might be blamed even though we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User.
Although it is goal to provide Users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to Users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, RentMyBudgetRV.com must deny any warranties on this service and insure that our liability for any problems connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
The user expressly agrees that use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. RentMyBudgetRV.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. RentMyBudgetRV.com makes no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does RentMyBudgetRV.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. RentMyBudgetRV.com makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by the user from RentMyBudgetRV.com shall create any warranty not expressly stated herein.
Limitation of Liability
The user agrees that RentMyBudgetRV.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if RentMyBudgetRV.com has been advised of the possibility of such damages. The user further agrees that RentMyBudgetRV.com shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Any controversy or claim arising out of or relating to this Agreement or RentMyBudgetRV.com services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the city of Salt Lake City, Utah, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or RentMyBudgetRV.com may seek any interim or preliminary relief from a court of competent jurisdiction in the City of Salt Lake City, Utah, necessary to protect the rights or property of the User or RentMyBudgetRV.com pending the completion of arbitration. This arbitration clause does not prohibit either RentMyBudgetRV.com or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the city of Salt Lake City, Utah.
Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since RentMyBudgetRV.com cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and RentMyBudgetRV.com shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.
If RentMyBudgetRV.com fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that RentMyBudgetRV.com has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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