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National RV Direct.com and
its affiliates provide their services to you subject to the following terms. If
you visit, view or shop at National RV Direct.com, you accept these conditions.
Please read them carefully. In addition, when you use any current or future National
RV Direct.com service or visit or purchase from any business affiliated with National
RV Direct.com, whether or not included in the National RV Direct.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 National
RV Direct.com or any other website or user;
* copy, modify
or distribute content from the Site and National RV Direct.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)"),
National RV Direct.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 National RV Direct.com to rely upon
any information National RV Direct.com receives from your User I.D. and
Password and you acknowledge that National RV Direct.com shall not, in any way,
be liable as a result of National RV Direct.com relying on any such information
provided by you. National RV Direct.com will act as though any Electronic
Communications National RV Direct.com receives under your User I.D. and
Password were sent by you. You agree to immediately notify National RV Direct.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 National
RV Direct.com. In the event of a National RV Direct.com system failure while
you are purchasing or receiving PRODUCTS, National RV Direct.com may not charge
your credit card account for such usage provided that the PRODUCT is not
completely received by you. However, National RV Direct.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 National RV Direct.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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National RV Direct.com and
its affiliates attempt to be as accurate as possible when describing a product
or service. However, National RV Direct.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 National
RV Direct.com. National RV Direct.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 National RV Direct.com. |
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DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY |
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THIS SITE IS
PROVIDED BY NATIONAL RV DIRECT.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NATIONAL RV DIRECT.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, NATIONAL RV DIRECT.COM DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM NATIONAL RV DIRECT.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATIONAL RV DIRECT.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 National RV Direct.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 National RV Direct.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 National RV Direct.com's national
registered agent (in the case of National RV Direct.com) or to the email
address you provide to National RV Direct.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 National RV Direct.com, our goal is to provide you with a neutral and
cost effective means of resolving a dispute quickly. Accordingly, you and National
RV Direct.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 National RV
Direct.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 National
RV Direct.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 National RV Direct.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. National RV Direct.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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