RVLBO Service Agreement
Please Read Carefully.
This service agreement (“Agreement”) is between RVLBO LLC (“we,” “us,” or “RVLBO”) and the property owner that has entered into an agreement with RVLBO (“Customer,” “you” or “your”). This Agreement govern your use of RVLBO’s products, services, websites, and content (collectively, the “Services”).
By entering into an agreement, clicking accept, and/or by accessing and/or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this Agreement, effective as of such date (the “Effective Date”), as well as all other applicable rules or policies, terms and conditions and/or agreements that are and/or may be established by Company from time to time, and the foregoing shall be incorporated herein by reference. If you agree to this Agreement on behalf of an entity, you represent and warrant that you have authority to bind such entity to this Agreement. If you do not accept this Agreement, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.
“Account” shall mean the account to which RVLBO you created with credentials (such as a username and password of your choosing) to access the dashboard for the Services.
“Booking Fee” means the compensation due to RVLBO for Rental Unit reservations made by a Guest.
“Listing” means the property you created on RVLBO for Rent or for Sale.
“Customer Data” shall mean all data provided by you or on your behalf that is associated with your Account, including descriptions, photos, videos, and other content related to your parks, products and/ or services.
Prices for Your Products and Services. You have sole discretion to set the prices for your accommodations. By logging into your Account, you will be able to enter the listing of your property.
Your Accommodations. You are solely responsible for (i) the accommodations that you provide to your Guests, (ii) ensuring the quality and safety of such accommodations, and (iii) any and all claims arising out of or relating to such accommodations, including without limitation the use of such accommodations by businesses and consumers.
Policies. You will clearly communicate your policies to RVLBO and your Guests in your listing(s), including without limitation your cancellation and refund policies and your policies regarding your property. You agree that your customer policies (including without limitation your cancellation and refund policies) will be reasonable and consistent with industry standards. You will obtain any consents necessary from your Guests or any other person relating to the collection, use, processing, transfer and disclosure of personal information.
License to Customer Data. You grant RVLBO and its Representatives an unrestricted nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute Customer Data and any content you provide or submit in any form or medium as necessary to provide the Services to you
and for RVLBO’s internal business purposes, including but not limited to product improvement, benchmarking, and data analysis. RVLBO may de-identify and anonymize Customer Data. Such de-identified data shall no longer constitute Customer Data or your Confidential Information and RVLBO may use such de-identified data for any lawful purpose. In addition, if you provide us with any feedback or suggestions regarding the Services, you agree that we may use such feedback or suggestions for any purpose and without restriction or obligation of compensation or confidentiality, including without limitation to incorporate such feedback or suggestions into future versions of the Services.
After a Guest completes a stay, the Guest may be permitted or encouraged to submit a review based on the customer experience, quality of the accommodations and service received, etc., and RVLBO may send out surveys to Guests for this purpose. You understand and agree that we are not responsible for the content or rating of any review, or any other content or materials posted on RVLBO by any user, and that we will be under no obligation to remove or modify any review, even if challenged by you, unless you can prove that the review was clearly fraudulent. You may not review or rate your own business or the business of your competitors, or pay or induce any other person to do so. You may not post any comments or other content related to your business except as expressly authorized by RVLBO, and only then if you clearly identify yourself as the owner or operator of the business. You understand and agree that the display of any user-submitted content on RVLBO or related sites (whether by you or any other user) does not constitute an endorsement by RVLBO of such content or the user.
Confidential Information. “Confidential Information” includes all information related to the business of one party (“Disclosing Party”) and any of its affiliates, clients and other third parties, to which the other party (“Receiving Party”) has access, whether in oral, written, graphic or machine- readable form, in the course of or in connection with the Services, including without limitation: its business, legal, and operational practices, financial, technical, commercial, marketing, competitive advantage or other information concerning the business and affairs, partnerships and potential partnerships, business model, fee structures, personally identifiable customer or employee information, funding opportunities, metrics, know-how, systems, procedures and techniques that has been or may hereafter be provided or shown to the other party, regardless of the form of the communication and the terms and conditions of this Agreement.
Any loss and/or breach of any Customer Data, the Receiving Party will keep the Confidential Information confidential, and may disclose the Confidential Information to its officers, directors, employees, agents and subcontractors (and their employees) (“Representatives”) who have a need to know such Confidential Information solely in connection with this Agreement. The Receiving Party will cause such Representatives to comply with this Agreement and will assume full responsibility for any failure to comply with the terms of this Agreement. The Receiving Party will not transfer or disclose any Confidential Information to any third party without the Disclosing Party’s prior written permission and without such third party having a contractual obligation to keep such Confidential Information confidential. The Receiving Party will not use any Confidential Information for any purpose other than to perform its obligations under this Agreement.
THE SERVICES ARE PROVIDED ‘AS IS’ AND RVLBO DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT RVLBO WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT RVLBO DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. RVLBO IS NOT RESPONSIBLE FOR
ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE EXTENT NOT PROHIBITED BY LAW, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE
LIMITATION OF LIABILITY
NEITHER PARTY NOR ANY OF EITHER PARTY’S OWNERS OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DATA, OR DATA USE. RVLBO’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ORDER FORM, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL
IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO RVLBO FOR THE SERVICES UNDER THE ORDER FORM THAT IS THE SUBJECT OF THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST RVLBO SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU UNDER THIS AGREEMENT AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY. The foregoing limitations shall in no event apply to either party’s indemnification obligations under this Agreement.
By RVLBO. RVLBO will defend you against any claim, suit, or action by a third party, and pay any court-ordered damages and reasonable attorney’s fees, or settlement amount, resulting from such claim, to the extent the claim alleges that the Services infringe the third party’s Intellectual Property rights. RVLBO shall have no indemnification obligation or liability for any claim arising in whole or in part from any: (a) third-party products or services; (b) use of the Services in violation of or in a manner inconsistent with the terms of this Agreement or the applicable documentation; (c) modifications to the Services (other than by RVLBO); or (d) use of the Services in combination with any third-party products or services (other than as provided by RVLBO). If the Services are, or in RVLBO’s opinion is likely to become, the subject of an infringement claim, then RVLBO may: (i) obtain for you the right to continue using the Services.
TERM AND TERMINATION
Termination for Breach. If either you or RVLBO breaches a material term of this Agreement and fails to correct the breach within thirty (30) days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate this Agreement.
RVLBO respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) 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.
(iv) Information sufficient to permit RVLBO to contact you, such as your physical address,
telephone number, and, if available, an electronic mail address.
(v) A statement that the complaining party has 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.
(vi) 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.