RVSPOTFINDER
TERMS OF SERVICE
Last modified on July 20, 2015.
Welcome to RVspotfinder.com! We are RVspotfinder.com, LLC, a Texas limited liability company (“We”, “Us”, “RVspotfinder”, Bonfire or the “Company”) and we offer www.RVspotfinder.com and www.letsbonfire.com (the “Website”) according to the Terms of Service (the “Terms” or “Terms of Service”) below, as well as our separate privacy policy.
Your use of this Website and the information, content, and services available through the Website are subject to the following Terms of Service. We reserve the right to modify these terms without notice. Be sure to return to this page periodically to review the most current version of these Terms. Your continued usage of the Website constitutes your acceptance of these Terms. If you do not agree to any of these Terms, please do not continue use of the Website.
If you have questions about the Terms of Service, please contact us at: info@RVspotfinder.com
General Terms
The Website is not intended for persons under 18. By using the Website, you are representing that you are at least 18 and are providing current and accurate information about yourself. You further represent that you possess the legal authority to create a binding legal obligation.
We may prohibit any user from using the Website in its sole discretion at any time for any reason, and We are not liable for any damage or loss resulting from such prohibition.
You are responsible for using the Website in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions.
You may not use the Website for any illegal activity or to violate laws in your jurisdiction.
You may not use the Website to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Website to access unauthorized information.
Any abuse or threatened abuse of other users of the Website or of Company personnel will result in immediate account termination.
The Company’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.
Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
These Terms constitute the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.
Limitations of Use
The content and information on the Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us and our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through the Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website.
You further agree not to:
Use the Website or its contents for any commercial purpose;
make speculative, false, or fraudulent reservations or any reservation in anticipation of demand;
access, monitor, or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; or
“frame,” “mirror,” or otherwise incorporate any part of the Website into any other website without our prior written authorization.
You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of the Website may result in RVspotfinder.com cancelling any bookings associate with your name, email address, or account, and closing any associated RVspotfinder.com accounts.
You may not use RVspotfinder’s Website for or in connection with offering any third party product or service not authorized or approved by RVspotfinder.
RVspotfinder is not liable for information that is inaccurate due to technical defects in software used on our Website.
If RVspotfinder notifies you that the manner in which you are using the Website is prohibited or unauthorized, you may no longer use the Website for that particular purpose and must immediately cease and desist from such use.
Supplier Rules and Restrictions
Separate terms of services or terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms of services or terms and conditions carefully. You agree to abide by the terms of services or terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of reservations, produces, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Ownership of Company Information
Information concerning RVspotfinder and its Website(s), services, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos and information regarding the status of RVspotfinder schedules, etc. is referred to as “Company Information.” RVspotfinder.com, LLC owns all copyrights, trademarks, service marks, and trade names related to our Company Information. All Company Information is proprietary to RVspotfinder.com, LLC.
Content Posted by Third Parties
We cannot control all content posted by third parties to the Service, and We do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. To report urgent issues, please contact us at: info@RVspotfinder.com.
Links to Other Websites
The RVspotfinder Website(s) may have links to other websites which are not operated, controlled or maintained by RVspotfinder. RVspotfinder is not responsible for the content of such websites and cannot guarantee that such websites will not change without knowledge. The inclusion of such links on RVspotfinder’s Website does not imply RVspotfinder’s endorsement or approval of the linked Websites or their content. If you navigate away from our web page by clicking on an unaffiliated website link, you do so at your own risk and you should be aware that our Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any Website to which you navigate from our Website or relating to any applications you use or install from another Website.
Your Privacy
Your privacy is important to us. Our Privacy Policy is incorporated in this Agreement and subject to these Terms.
Consistent with the RVspotfinder Privacy Policy, We may ask you to provide us with information when you use certain personalized services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our Privacy Policy.
IN NO EVENT SHALL RVSPOTFINDER.COM LLC, ITS AFFILIATED COMPANIES OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RVSPOTFINDER WAS GIVEN ACTUAL OR CONSTRUTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Reviews, Comments, and Other Submissions
Your submissions via reviews, comments, and other submissions greatly contribute to the Website community. Please be aware that by submitting content to the Website by electronic mail, postings on the Website or otherwise, including any RV park reviews, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively the “Submissions”), you (a) grant RVspotfinder and its affiliates a nonexclusive, royalty-fee, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant RVspotfinder and its affiliates and sublicensees the right to use the name that you submit in connection with such Submission, if they choose.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to the Website). You are prohibited from posting or transmitting to or from the Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website.
Reservations
You acknowledge that RVspotfinder.com pre-negotiates certain room rates with RV parks and suppliers to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre-negotiated rate for reservations made on your behalf by RVspotfinder.com and the facilitation fee retained by RVspotfinder.com to compensate us for our services. You authorize RVspotfinder.com to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on RVspotfinder.com’s services. You agree that your credit card will be charged by RVspotfinder.com for the total reservation price. Upon submitting your reservation request you authorize RVspotfinder.com to facilitate reservations on your behalf, including making payment arrangements with suppliers.
Prices
The price of the travel services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite RVspotfinder.com’s best efforts, some of the travel services listed on the Website may be incorrectly priced. RVSPOTFINDER.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. RVspotfinder.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking
RVspotfinder Warranties; Disclaimers
RVspotfinder does not guarantee any information provided on this Website to be true. We assume no responsibility or liability for any content or information on this Website. The information on this Website is aggregated from a mixture of public and private data sources and is presented “as-is” and RVspotfinder is not liable for any damages as a result from the use of the Website. RVspotfinder also does not guarantee that the Website is error free.
RVspotfinder hereby represents and warrants that use of the Website as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws.
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, RVSPOTFINDER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. RVSPOTFINDER DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
RVspotfinder also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
Change or Cancellation Fees
You can change or cancel your reservation either online under your reservations when signed into your RVspotfinder.com account, or by calling our customer services number.
You agree to pay any RV park or supplier required cancellation or change fees that you incur. In limited cases, some RV parks and suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the RV park or supplier reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid supplier reservations.
Limitation of Liability and Damages
WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO RVspotfinder HEREUNDER.
Jurisdiction; Choice of Law and Forum
This Website is operated by RVspotfinder.com, LLC in the United States and RVspotfinder makes no warranty that the materials and content on the Website are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.
Any cause of action you may have hereunder or with respect to your use of the Website must be commenced by filing suit in Dallas County, Texas, within one (1) year after the incident upon which the claim or cause of action is based first occurred. By using the Website, you irrevocably consent that any cause of action you may submit in connection with your use of the Website or pursuant to these Terms will be filed in the state or federal courts in Dallas County, Texas, which you acknowledge, consent, and agree will be the exclusive forum and venue for any legal dispute between you and us. You also agree that any dispute between you and us will be governed by the laws of the State of Texas, without regard to conflict of laws principles.
Digital Millennium Copyright Act Notice
It is the policy of RVspotfinder to respect the intellectual property of others. If you are alleging that material available on or through an RVspotfinder Website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”). The notice must include the following to be effective:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit RVspotfinder to locate the material;
Information reasonably sufficient to permit RVspotfinder to contact you, such as an address, telephone number, and, if available, an email 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;
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;
In the event that RVspotfinder removes material from a RVspotfinder Website (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter notification pursuant to the DMCA. The counter notification must include the following to be effective:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Virginia, Alexandria Division, and that you will accept service of process from the person who provided notification of the alleged infringement;
All written notices should be sent to the following: info@RVspotfinder.com
About these Terms
We may modify these terms as necessary to reflect updates to the Website, www.RVspotfinder.com and www.letsbonfire.com, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Website.
These Terms create an agreement between us and you. They do not create any third-party beneficiary rights.
Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future.
The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.
BY VISITING OR USING THIS WEBSITE, OR ANY PAGE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND RVSPOTFINDER.COM LLC. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE.
