I. USER RESPONSIBILITY
You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that RVpad.com reserves the right, but has no obligation, to intercede in such disputes. You agree that RVpad.com will not be responsible for any liability incurred as the result of such interactions.
II. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by RVpad.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. RVpad.com does not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither does RVpad.com adopt nor endorse, nor is RVpad.com responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than RVpad.com. RVpad.com takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. Under no circumstances will RVpad.com be responsible for any loss or damage resulting from anyone_s reliance on information or other content posted on the Services, or transmitted to users.
Though RVpad.com strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable. RVpad.com reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Services or to limit or deny a user_s access to the Services or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. RVpad.com shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Services, please contact us by e-mail at email@example.com.
RESPONSIBILITY FOR CONTENT
A. TYPES OF CONTENT
You acknowledge that all Content, including RVpad.com Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not RVpad.com, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through RVpad.com Materials (_Your Content_), and other Users of RVpad.com Materials, and not RVpad.com, are similarly responsible for all Content that they make available through RVpad.com (_User Content_).
B. NO OBLIGATION TO PRE-SCREEN CONTENT
You acknowledge that RVpad.com has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although RVpad.com reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that RVpad.com pre-screens, refuses or removes any Content, you acknowledge that RVpad.com will do so for RVpad.com’s benefit, not yours. Without limiting the foregoing, RVpad.com shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Unless expressly agreed to by RVpad.com in writing elsewhere, RVpad.com has no obligation to store any of Your Content that you make available on RVpad.com Materials RVpad.com has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of RVpad.com Materials. You agree that RVpad.com retains the right to create reasonable limits on RVpad.com’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the Services and as otherwise determined by RVpad.com in its sole discretion.
Except with respect to Your Content and User Content, you agree that RVpad.com and its suppliers own all rights, title and interest in RVpad.com Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Application, Services, or RVpad.com Materials.
RVpad.com and other related graphics, logos, service marks and trade names used on or in connection with RVpad.com Materials or in connection with the Services are the trademarks of RVpad.com and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in RVpad.com Materials are the trademarks of their respective owners.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in RVpad.com Materials.
RVpad.com does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in RVpad.com Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual Campground right that may exist in Your Content
License to Your Content
Subject to any applicable RVpad.com Account settings that you select, you grant RVpad.com a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual copyright, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any _public_ area of RVpad.com Materials. You warrant that the holder of any worldwide intellectual copyright, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not RVpad.com, are responsible for all of Your Content that you make available on or in RVpad.com Materials.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any reviews, comments or any other area on RVpad.com Materials, you hereby expressly permit RVpad.com to identify you by your Display Name (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other Campground interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of RVpad.com.
Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person_s permission.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, Application and Services (“Feedback”). You may submit Feedback by e-mailing to firstname.lastname@example.org, through the “Contact Us” section of the Website, Application, and Services, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of RVpad.com and you hereby irrevocably assign to RVpad.com and agree to irrevocably assign to RVpad.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At RVpad.com’s request and expense, you will execute documents and take such further acts as RVpad.com may reasonably request to assist RVpad.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
RVpad.com may, but is not obligated to, monitor or review RVpad.com Materials and Content at any time. Without limiting the foregoing, RVpad.com shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although RVpad.com does not generally monitor user activity occurring in connection with RVpad.com Materials or Content, if RVpad.com becomes aware of any possible violations by you of any provision of the Terms, RVpad.com reserves the right to investigate such violations, and RVpad.com may, at its sole discretion, immediately terminate your license to use RVpad.com Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Content Provided by Other Users
RVpad.com Materials may contain User Content provided by other Users. RVpad.com is not responsible for and does not control User Content. RVpad.com has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, RVpad.com may provide you with convenient links to third party website(s) (_Third Party Sites_) as well as content or items belonging to or originating from third parties (the _Third Party Applications, Software or Content_). These links are provided as a courtesy to Users. When you click on a link to a Third Party Site, Applications, Software, or Content, we will not warn you that you have left RVpad.com Materials and are subject to the terms and conditions (including privacy policies) of another website or destination. RVpad.com has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by RVpad.com, and RVpad.com is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by RVpad.com. If you decide to access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites to which you navigate or relating to any applications you use or install from the site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
E. TERMINATION OF REPEAT INFRINGER ACCOUNTS
RVpad.com respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, RVpad.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Services who are repeat infringers. RVpad.com may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
F. DMCA TAKE-DOWN NOTICES
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (_DMCA_) by sending the following information in writing to RVpad.com_s designated copyright agent at RVpad.com, Inc., c/o Unisearch Inc, 1780 Barnes Blvd SW, Tumwater, WA 98512:
G. THE DATE OF YOUR NOTIFICATION;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
I. YOUR PHYSICAL OR ELECTRONIC SIGNATURE;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by RVpad.com copyright agent, RVpad.com may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in RVpad.com_s discretion) be reinstated on the Site in ten (10) or more business days after receipt of the counter-notice.
By posting any User Content via the Services, you expressly grant, and you represent and warrant that you have a right to grant, to RVpad.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. Other product and RVpad.com names that are mentioned on the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms
E-MAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service_s e-mail and messaging system will not constitute legal notice to RVpad.com or any of its officers, employees, agents or representatives in any situation where notice to RVpad.com is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
The communications between you and RVpad.com use electronic means, whether you visit RVpad.com Materials or send RVpad.com e-mails, or whether RVpad.com posts notices on RVpad.com Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from RVpad.com in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RVpad.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your non-waivable rights.
We may also use your e-mail address to send you other messages, including information about RVpad.com and special offers. You may opt out of such e-mail by changing your account settings or sending an e-mail to email@example.com or mail to RVpad.com, Inc., c/o Unisearch Inc, 1780 Barnes Blvd SW, Tumwater, WA 98512
Opting out may prevent you from receiving messages regarding RVpad.com Services or special offers.
III. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED _AS IS,_ WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, RVPAD.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RVPAD.COM MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF RVPAD.COM MATERIALS IS AT YOUR SOLE RISK, AND RVPAD.COM MATERIALS ARE PROVIDED ON AN _AS IS_ AND _AS AVAILABLE_ BASIS, WITH ALL FAULTS. RVPAD.COM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RVPAD.COM PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) RVPAD.COM MATERIALS OR ANY CAMPGROUND ACCESSED A RESULT OF YOUR USE OF RVPAD.COM MATERIALS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF RVPAD.COM MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF RVPAD.COM MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN RVPAD.COM MATERIALS WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH RVPAD.COM MATERIALS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CAMPGROUND OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS RVPAD.COM MATERIALS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. RVPAD.COM MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, AND REPUTATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RVPAD.COM OR THROUGH RVPAD.COM MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, RVPAD.COM MAY OFFER NEW _BETA_ FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT RVPAD.COM_S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES
YOU ACKNOWLEDGE AND AGREE THAT RVPAD.COM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RVPAD.COM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING CAMPERS, CAMPGROUND OWNERS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
NO LIABILITY FOR CONDUCT OF OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF RVPAD.COM MATERIALS. YOU UNDERSTAND THAT RVPAD.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CAMPERS OR CAMPGROUND OWNERS. RVPAD.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF RVPAD.COM MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF RVPAD.COM MATERIALS. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT RVPAD.COM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
LIMITATION OF DAMAGES & RELEASE
A. LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RVPAD.COM, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH RVPAD.COM OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RVPAD.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Services, 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. If you are a California resident, you waive California Civil Code –1542, which says: _A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor._
You agree to indemnify and hold RVpad.com, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the _RVpad.com Parties_) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys_ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, RVpad.com Materials; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User or booking of a Campground; and (g) the use, condition or rental of a Campground by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Campground. RVpad.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RVpad.com in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to RVpad.com Materials.
LIMITATION OF LIABILITY
C. DISCLAIMER OF CERTAIN DAMAGES
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RVPAD.COM PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH RVPAD.COM MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RVPAD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF RVPAD.COM MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE RVPAD.COM MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH RVPAD.COM MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RVPAD.COM MATERIALS; OR (5) ANY OTHER MATTER RELATED TO RVPAD.COM MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
D. CAP ON LIABILITY
UNDER NO CIRCUMSTANCES WILL RVPAD.COM PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY RVPAD.COM FROM YOU OR PAID BY RVPAD.COM TO YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID RVPAD.COM ANY AMOUNTS IN SUCH PERIOD, RVPAD.COM_S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE DOLLAR ($1.00).
PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
BASIS OF THE BARGAIN
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RVPAD.COM AND YOU.
EXCLUSION OF DAMAGES
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.