1. RECVEX is not a party to RV purchase agreements.
The Services operate purely as a marketplace to arrange for the purchase of RVs that are offered for sale by third parties. RECVEX is solely the operator of the marketplace and will not become a party to any contract in the event that an RV is then purchased. The respective third parties are responsible for purchases made using the Services. Any part of an actual or potential transaction, including the quality and condition of the RV and the accuracy of the listing content is solely the responsibility of the user. RECVEX IS MAKING NO REPRESENTATIONS AND DOES NOT ENDORSE the quality or condition of any RV and you agree that any and all transactions you enter into using the Services are at your own risk. We urge you to be responsible about your use of the Services. Only registered users are permitted to initiate or participate in transactions displayed on the Services. You may become a registered member of the Services by entering into our Master Subscription Agreement located here.
2. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You are also responsible for any transactions in which you engage resulting from use of the Services. If you buy a RV pursuant to the Services, you agree to pay for the RV as agreed. If you sell a RV pursuant to the Services, you agree to deliver the RV as agreed. You may use the Services to conduct transactions on RECVEX only if you are a Registered Dealer or a Registered Lender. RECVEX is not intended for use by individuals who are not Registered Dealers or Registered Lenders, including individuals under 18 years of age. Anyone under 18 years of age may not use or access the Services for any reason. Please contact us if you are aware that a person under 18 is using the Services. When you are accepting these Terms and using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, RECVEX may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for RECVEX granting you access to and use of the Services, you agree that RECVEX, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your RECVEX account. RECVEX cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to promptly notify us if you believe your password or credentials have been compromised.
5. Content On the Services
All Content is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will RECVEX be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. You acknowledge that RECVEX has no control over and makes no guarantees as to the quality, existence or legality of items listed as part of the Content.
6. Your Rights
You retain your rights to any Content you submit or post or display on or through the Services. In order to make the Services available to you and other users, RECVEX needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). By posting Content on the Services, you agree that the Content is true and accurate.
You agree that this license includes the right for RECVEX to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with RECVEX for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by RECVEX, or other companies, organizations or individuals who partner with RECVEX, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. RECVEX will not be responsible or liable for any use of your Content by RECVEX in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
7. Your License To Use The Services
RECVEX gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by RECVEX as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by these Terms.
8. RECVEX Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of RECVEX and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. RECVEX reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding RECVEX, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Restrictions On Content And Use Of The Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post content that:
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Does not comply with the requirements of the Agreement;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Is a direct and specific threat of violence to others;
- Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
- Is furtherance of illegal activities; or
- Is harassing, abusive, or constitutes spam.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, RECVEX's computer systems, or the technical delivery systems of RECVEX providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by RECVEX (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with RECVEX (NOTE: scraping the Services without the prior consent of RECVEX is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
10. Copyright Policy
RECVEX respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (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, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, RECVEX will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
ATTN: Brian Schell
10554 Success Lane. Suite B
Dayton, OH 45458
11. Ending These Terms
The Terms will continue to apply until terminated by either you or RECVEX as follows:
You may end your legal agreement with RECVEX at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at firstname.lastname@example.org.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 10, 11, and 12.
Nothing in this section shall affect RECVEX's rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 2.
12. Disclaimers, Limitations Of Liability and Indemnity
Please read this Section carefully since it limits the liability of RECVEX and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “RECVEX Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, RECVEX ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
RECVEX Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any RV purchase/sale transaction between a Lender and Registered Dealer and/or between Registered Dealers resulting from Content set forth on RECVEX; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iv) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from RECVEX Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RECVEX Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RECVEX ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND/OR (V) ANY RV PURCHASE/SALE TRANSACTION BETWEEN A REGISTERED LENDER AND REGISTERED DEALER AND/OR BETWEEN REGISTERED DEALERS RESULTING FROM THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RECVEX ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID RECVEX, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RECVEX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the RECVEX Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) the failure of you or your employees or agents to comply with the Terms and (2) any activity in which you or your employees or agents engage on or through the Services.
E. RV Purchase/Sale Transactions
As a marketplace for RV purchasers and sellers, RECVEX connects potential sellers and purchasers of RVs. RECVEX is not a party to any purchase/sale transactions. Transactions shall be subject to such conditions as the purchaser and seller specify between them, and RECVEX makes no representations or warranties whatsoever to either purchaser or seller with respect to any such transactions. RECVEX does not monitor or confirm specific information about the RV’s posted as Content on the Services. RECVEX shall not be liable, whether in contract, tort or otherwise, for any loss or damage insofar as the loss or damage occurs or is caused by any transactions between Registered Dealers and Registered Lenders. Any auction will be deemed to have taken place in the State of Ohio.
13. GENERAL TERMS.
A. Waiver and Severability
The failure of RECVEX to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence.
These Terms and any action related thereto will be resolved by binding arbitration, rather than in court. A party who intends to seek arbitration must first send to the other party, by certified mail, a completed form Notice of Dispute. In the event a dispute cannot be settled amicably by agreement of the parties within 30 days of receiving Notice, the dispute shall be finally settled in accordance with the commercial arbitration rules of the American Arbitration Association then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Montgomery County, Ohio. Any award rendered shall be final and binding and the award may be entered in any court of competent jurisdiction. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at recvex.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: February 16, 2018