1. Your Agreement
Please review these terms and conditions before using this site. Bluegrass Works LLC (“BW”) provides the RVCampingWorld.com web site (the “Site”) as a service to its users, members and other interested parties. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
BW may change these Terms and Conditions from time to time, at BW’s sole discretion. You acknowledge that BW reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms and Conditions.
3. Use of Information and Tools Available on the Site
Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) (“Site Information”) is the property of BW and/or its suppliers or licensors.
Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as “Posted Information”). All such Posted Information remains property of its respective owner(s). Please see Section 4: “Posted Information” below for further details regarding Posted Information.
Unless otherwise noted in a particular document, BW hereby authorizes you to electronically copy or print in hard copy any document published by BW on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by BW without prior written approval from BW or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of BW, its suppliers or licensors, or any other third party.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
4. [Intentionally Omitted]
5. Design and Layout
The design of the Site is the property of BW. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
6. Links to Third party sites
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of BW, and BW is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
7. User Privacy Information
8. User Feedback and Improper Transmissions
Except for Posted Information or personal information, if you transmit to or otherwise provide to BW any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. BW shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to BW, you are deemed to grant to BW a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
You are prohibited from posting or transmitting to the Site any unsolicited chain letters or “spam”, or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, BW will have no liability related to the content of any such communications.
Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
You are also prohibited from impersonating any individual. BW may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. BW is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
9. Deletion and Lockout
Failure to adhere to any of these Terms and Conditions may result in messages and/or Posted Information being blocked, deleted from the Site and possible lockout. BW also reserves the right to take any actions it deems necessary or appropriate to protect the Site and its content.
10. International Information
The Site may provide access to international data about BW, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that BW, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
12. Linking and Framing
You are permitted to view the Site only in its full presentation form and are prohibited from “framing” the Site. You may link to the Site only by linking to the home page located at www.bluegrassworks.com. You are prohibited from “deep linking” to any other pages in a manner to bypass the home page.
13. Violation of Terms and Conditions
You acknowledge that BW has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms and Conditions, violate the rights of BW, interfere with any other user’s access or use of the Site, or if BW decides that your use is otherwise detrimental to BW, the Site, or BW’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact us (see Contact for information on how to contact us). BW may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. BW does not have any obligation or liability to you for the performance or nonperformance of those activities.
14. Site Services
BW may, from time to time, offer through the Site certain services that may be subject to their own specific terms and conditions (“Service Terms and Conditions”). In the event of any conflict between those Service Terms and Conditions and these Terms and Conditions, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Site service.
15. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of BW to enforce any provision or right of these Terms and Conditions will not constitute a waiver of such provision or right. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
16. Disclaimers, Exclusions, Limitations, Indemnification
For avoidance of doubt, please note that the term “Site” as used in this Section 16 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BW SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. BW DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BW SPECIFICALLY INFORMS YOU THAT BW MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
B. Exclusion of Damages and Limitation of Liability
You agree to indemnify, hold harmless, and defend BW and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms and Conditions by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.