Last Updated Date: October 5, 2018
Changes to Terms and Conditions
NEITHER TRADER NOR SHAREPASS MAKES, AND TRADER AND SHAREPASS EACH HEREBY DISCLAIM, ANY AND ALL WARRANTIES REGARDING ANY RV RENTED OVER THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE, OR ANY WARRANTIES REGARDING THE CONDITION, FEATURES, SPECIFICATIONS, FUNCTIONALITY, AVAILABILITY, OR OPERABILITY OF ANY RV. IN ADDITION, NEITHER TRADER NOR SHAREPASS HAS CONDUCTED ANY BACKGROUND CHECKS ON, OR OTHERWISE HAS ANY INFORMATION REGARDING, ANY RENTER, AND EACH OWNER HEREBY RELEASES AND DISCHARGES TRADER AND SHAREPASS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, EXPENSES, AND OTHER AMOUNTS RESULTING FROM ANY USE OR RENTAL OF AN RV BY ANY RENTER.
We do not intend to provide any products or services to individuals who reside in the European Union. If you are an individual resident within the European Union, do not provide us with any of your personal information.
“RV” or “vehicle” means recreational vehicles, including, without limitation, trailers, towables, campers, vans, coaches, RVs, and travel trailers. A rented RV is occasionally referred to herein as a “rental.”
“Content” means text, graphics, images, music, software (excluding the Website), audio, video, information and any other content or materials.
“Platform Content” means all Content that Trader or SharePass makes available through the Website or Services, including any Content licensed from a third party, but excluding User Content.
“Renter” means a User who requests to rent an RV listed via the Services.
“Owner” means a User who creates a Listing via the Services.
“Listing” means an RV that is listed by an Owner as available for rental via the Services.
“User” means a person who visits the Website.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services.
Certain Services (and your access to or use of certain aspects of the Services or any Content on the Website) may be governed by additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and additional terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services. In addition, if you are an Owner and wish to list an RV on the Website, you must also accept and agree to comply with all of the terms and conditions of our Owner’s Agreement.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Operation of the Platform
As stated above, Trader makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for rentals of RVs. Neither Trader nor SharePass is an owner or operator of RVs, and neither Trader nor SharePass owns, sells, resells, furnishes, provides, rents, re-rents, manages and/or controls RVs, or transportation or travel services. Neither Trader nor SharePass is or becomes a party to or other participant in any rental agreement or other contractual relationship between Users for renting an RV. Neither Trader nor SharePass endorses any Users or any RVs.
By using our Services, you authorize Trader and SharePass, directly or through third parties, to make any inquiries that they consider necessary to validate your identity and to collect information about you, including, without limitation, asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or device, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. We reserve the right to close, suspend, or limit access to your Platform Account and/or the Services in the event we are unable to obtain or verify this information. However, we cannot confirm fully, and do not guarantee, any User’s purported identity or other information provided by such User. In addition, although these Terms require Users to provide accurate information, Users may, in spite of these Terms, provide inaccurate, incomplete, or intentionally misleading information, such as their personal information, their RV, or their purpose for seeking use of an RV. Neither Trader nor SharePass makes any representation or warranty about the accuracy or trustworthiness of any such User-provided information, and nothing in these Terms shall be deemed to create any duty or obligation on Trader or Sharepass to perform any assessment or validation of user-provided information. You are responsible for determining the suitability of others who you contact via the Services.
The Services can be used to facilitate the listing and renting of RVs. Such RVs are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a RV or create a Listing, you must first register to create a Platform Account (defined below). In order to access certain features of the Services, and to book an RV or create a Listing, you must register to create an account (“Platform Account”). A Platform Account will be either a Dealer Center account for Users that are dealers of RVs, or a MyTrader account for non-dealer Users.
You may register to join the Services directly via the Services or by logging into your account with certain third-party social networking sites (including, but not limited to, Google and Facebook); each such account is defined herein as a “Third Party Account”. You have the ability to disable the connection between your Platform Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
We will create your Platform Account and your Platform Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a Third Party Accounts as described above. You may not have more than one (1) active Platform Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
If you create a Platform Account, you are responsible for maintaining the confidentiality of your Platform Account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your Platform Account or password.
In order to purchase products or services from this Website or to use this Website to sell a product or service, you must be at least eighteen (18) years of age and use a credit card. You are solely responsible for ensuring that the use of the Website in accordance with these Terms and Conditions in your jurisdiction of residence is permitted by law or regulation. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Trader reserves the right to suspend or terminate your Platform Account and your access to the Services if you create more than one (1) Platform Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Platform Account, whether or not you have authorized such activities or actions. You will immediately notify Trader of any unauthorized use of your Platform Account.
You understand and agree that you are solely responsible for compliance with, and you agree to comply with, any and all laws, rules, and regulations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:
● violate any applicable laws, regulations, or orders;
● use the Services for any purposes that are not expressly permitted by these Terms;
● copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
● interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
● use our Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission, including without limitation, photographs of others, personal contact information, or credit, debit, calling card or account numbers;
● use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
● “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter or Owner;
● offer, as an Owner, any RVs that you do not yourself own or have permission to rent
● offer, as an Owner, any RV that may not be rented pursuant to the terms and conditions of an agreement with a third party;
● register for more than one Platform Account or register for a Platform Account on behalf of an individual other than yourself;
● contact an Owner for any purpose other than asking a question related to such Owner’s Listings;
● contact a Renter for any purpose other than asking a question related to renting or such Renter’s use of the Website and Services;
● when acting as a Renter, Owner, or otherwise, recruit or otherwise solicit any Owner or other User to join third party services or websites that are competitive to Trader or the Services, without Trader’s prior written approval;
● use automated scripts to collect information or otherwise interact with the Services;
● use the Services to find an Owner or Renter and then complete a rental transaction independent of the Services in order to circumvent the obligation to pay any fees or other amounts related to Trader’s or SharePass’ provision of the Services;
● as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
● post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, libelous, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
● systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
● use, display, mirror or frame the Services, any individual element within the Services, any name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Trader’s express written consent;
● access, tamper with, or use non-public areas of the Services, Trader’s or SharePass’ computer systems, or the technical delivery systems of Trader’s or SharePass’ providers;
● attempt to probe, scan, or test the vulnerability of any system or network of Trader or SharePass, or breach any security or authentication measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Trader or SharePass, any of Trader’s or SharePass’ providers, or any other third party (including another user) to protect the Services or Content on the Website;
● forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content on the Website to send altered, deceptive or false source-identifying information;
● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content on the Website; or
● advocate, encourage, or assist any third party in doing any of the foregoing.
In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.
Trader will have the right to investigate and enforce its remedies with respect to violations of any of the above to the fullest extent of the law. Trader may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Trader has no obligation to monitor your access to or use of the Services or Content on the Website or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Trader reserves the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Trader or its businesses, or its or their customers, affiliates, licensors or licensees.
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Trader or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. Subject to your compliance with these Terms, Trader grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to (i) access and view any Platform Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes.
Except as expressly authorized in these Terms, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (A) reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (B) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (C) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of Trader or our owners, affiliates, licensors or licensees without our or their express written consent; and (D) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the Services offered herein.
This Website includes certain trademarks and service marks owned by Trader and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.
All rights not expressly granted to you by us in these Terms are reserved to Trader, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services, you:
(i) grant Trader and our owners, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive, transferable, assignable, and sublicenseable (through multiple tiers of sublicensees) right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis;
(ii) grant Trader and our owners, affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose;
(iii) grant Trader and our owners and affiliates a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified User Content (“Aggregated Data”) and to use, store, display, modify, distribute and publish such Aggregated Data, and all modifications thereto and derivatives thereof (“Derivative Data”), for any purpose, without any further consent, notice and/or compensation to you or others; Trader shall own all Derivative Data and may transfer or assign any of its rights in the Derivative Data to any third party; and
(iv) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the provision of the User Content will not infringe or violate any patent, copyright, trade-mark, or other intellectual property right of any third party, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms or any applicable law or regulation and will not cause injury or damage to any person or entity.
You also permit any other user of this Website to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that Trader misappropriated any such User Content or any portions thereof. Once your User Content is published, Trader has no obligation to withdraw it.
You assume all risks associated with your User Content, including any other person’s reliance on its quality, accuracy, or reliability, any disclosure by you of information in User Content that personally identifies you, and any violations of any other person’s rights or any laws caused by your User Content.
You may not imply that your User Content is approved or endorsed by Trader or any of its affiliates. User Content does not reflect the opinion or views of Trader of any of its affiliates.
Trader and our owners, affiliates and licensees may display advertising with or next to your User Content. We are not obligated to provide you with any compensation in connection with such advertising.
You further represent and warrant that any and all User Content that you provide will not constitute or include viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You may not use a false e-mail address or false identity, impersonate any person or entity, or otherwise mislead as to the origin of User Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing Trader at email@example.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
We may provide a variety of services on this Website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). (For purposes of these Terms, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.
We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms or to protect the rights, property or safety of visitors to this Website and/or users of any Communications Services, our customers, the public or Trader and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, forums and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Website and/or any Communications Services, you agree not to post, submit or transmit to Trader through this Website or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to Trader shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. We reserve the right to deny access to this Website and/or any Communications Service to anyone who violates these Terms or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Copyright Dispute Policy
Trader respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trader’s Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
* 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 site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
* A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.For copyright inquiries, including notification of claims of infringement, please contact Trader Interactive’s Copyright Agent at: Trader Interactive, LLC, Intellectual Property Administrator, P.O. Box 2576, Norfolk, VA 23501 or IPadministrator@traderinteractive.com or 757-351-7000.
Termination and Platform Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Platform Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Trader terminates these Terms or your access to Services, or deactivates or cancels your Platform Account, you will remain liable for all amounts due hereunder. You may cancel your Platform Account at any time by contacting us at firstname.lastname@example.org. Please note that if your Platform Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not limited to, any reviews or Feedback.
We provide the material available through this Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data and materials you have found on, or purchase any products or services available through, this Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.
YOU AGREE THAT THIS SITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Website, including information, products and services referred to, advertised or promoted on or sold through this Website. Neither Trader nor our owners, affiliates, licensors or licensees warrant that this Website will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of this Website or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Website.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRADER AND SHAREPASS, AND ALL OF THEIR OWNERS, AFFILIATES, LICENSORS AND LICENSEES, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT TRADER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR INSPECT ANY RVS. TRADER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRADER.
TRADER AND SHAREPASS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
IN NO EVENT SHALL TRADER, SHAREPASS, OR ANY OF THEIR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR OUR USE OF ANY MEMBER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL TRADER, SHAREPASS, OR ANY OF THEIR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, but excluding SharePass’ obligations, if any, to remit amounts due to Owners that SharePass collected from Renters under the Payment Terms and Conditions, you agree that the entire aggregate liability, if any, of Trader, SharePass, and any of their owners, affiliates, licensors and licensees for any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Website or any information, products or Services available through this Website, or our use of any User Content that you post on this Website or submit to us, will not exceed (i) if you are a Renter, the amounts you have paid or owe for RV rentals via the Services as a Renter in the twelve (12) month period before the event giving rise to the liability, (ii) if you are an Owner, the amounts remitted to you or owed to you by SharePass in the twelve (12) month period before the event giving rise to the liability, or (iii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Trader and you. Because some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
You hereby release, discharge, covenant not to sue, and agree to indemnify, defend (at the indemnified party’s option), and hold harmless Trader, SharePass, any of the foregoing’s owners, affiliates, licensors and licensees, and any of the foregoing’s directors, officers, employees, advisors, and consultants, from and against any and all claims, costs, demands, losses, liabilities, damages, fees, and expenses, including, without limitation, attorney’s fees, arising from or relating to:
(i) your breach of these Terms or any matter for which you are responsible or liable under these Terms, including, without limitation, any acts or omissions relating to any rental or use thereof by or on behalf of a Renter or any other person, any damages to any rental, or any theft or destruction of any rental;
(ii) third party claims with respect to our use of any User Content that you have posted on this Website or submitted to us, including, but not limited to, infringement of copyright, trademark, trade secret, patent, proprietary rights or any other claims;
(iii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction, and any disputes arising out of any rental agreement; or
(iv) your violation of any applicable law or any of your acts or omissions that constitute negligence or willful misconduct.
If you are a California resident, you hereby waive California Civil Code Section 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.”
Export Control and Restricted Countries
You represent and warrant that in connection with your use of the Services, you shall comply with all U.S., European Union, and other applicable laws and regulations relating to economic or trade sanctions (“Sanctions Laws”), and not engage in any dealings or transactions in any country or region that is the subject or target of U.S. or European Union comprehensive economic sanctions (including, without limitation, Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region of Ukraine) or with any individual or entity designated on any restricted party list administered under any Sanctions Laws or under any export control laws of the United States, European Union, or any relevant European Union User State (“Export Control Laws”), including, without limitation, the U.S. Department of the Treasury, Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List and the European Union Consolidated List, or with any individual or entity that is affiliated with any such person, in each case, to the extent such dealings or transactions are in violation of Sanctions Laws or Export Control Laws. Listings from Owners resident in, or Listings of RVs located in, sanctioned countries as identified by The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury may not be entered into the Services, or displayed on the Website or any other website hosted or created by Trader. Reference to delivery, location, origin, manufacturing, ownership or any other affiliation with or in an OFAC-sanctioned country is prohibited.
Violations of these Terms
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Trader and/or our owners, affiliates, employees, users of or visitors to this Website or the public.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Trader (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms are governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in the City of Norfolk, Virginia, U.S.A., for all disputes arising out of or relating to these Terms your use of this Website or the information, products or services available through this Website, or our use of any User Content that you have posted on this Website or submitted to us. You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.
The failure of Trader to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trader. Except as expressly set forth herein, the exercise by either party of any remedy will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.