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Welcome to the Coast to Coast Community Web site (this "Web Site"). The
following Terms and Conditions of Use are applicable to the Affinity Group,
Inc. network of Web sites. Hereafter in this documentation, Affinity Group,
Inc. and its affiliates and partners will be referred to as "AGI."
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these terms of use. If you do not
agree to these terms of use, please do not use the site. We reserve the right,
at our discretion, to change, modify, add, or remove portions of these terms at
any time. Please check these terms periodically for changes. Your continued use
of this site following the posting of changes to these terms (including the
Privacy Policy) will mean you accept those changes. These Terms explain a contractual agreement between
you ("User," "You," "Your") and AGI
("We," "Us," "Our") regarding Your use of, and
registration and submission of information to, this Web Site. You should print
a copy of these Terms for Your records. Please note, however, that We may
update and amend these Terms from time to time.
The goal of this Web Site is to provide You with access to the most
comprehensive network of travel, RV and camping information and related links
to meet Your needs (the "Content"). These Terms are meant to protect
all of Our visitors to this Web Site, and Your access to and use of this Web Site
signifies Your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO
NOT AGREE WITH THESE TERMS. We reserve the right, in Our sole discretion, to
modify, alter or otherwise update these Terms at any time. Such modifications,
alterations, and updates shall be effective immediately upon posting. You agree
to be bound by such modified, altered, and updated Terms if You access or use
this Web Site after We have posted such modifications, alterations or updates.
Consistent with Our goals, this Web Site will permit You to link to many other
Web sites that may or may not be affiliated with this Web Site and/or with Us.
The other linked Web sites have different terms of use that are not the same as
these Terms. Your access to and use of such linked Web sites through links
provided on this Web Site is governed by the terms of use and policies of those
sites, not this Web Site.
Registration data and certain other information about You is subject to our
Privacy Policy. For more information, please review Our Privacy Policy.
This Web Site is controlled and operated by AGI. All Content on this Web Site,
including, but not limited to, text, photographs, images, illustrations, audio clips,
and video clips, is protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by United States and
worldwide copyright laws and treaty provisions, privacy and publicity laws, and
communication regulations and statutes). The Content is owned and controlled by
Us or Our affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively the "Providers") that have licensed their
content or the right to market their products and/or services to Us. Content on
this Web Site or any Web site owned, operated, licensed or controlled by the
Providers is solely for Your personal, non-commercial use. You agree to abide
by all additional copyright notices, information, or restrictions contained in
any Content. You may download a single copy of any Content contained on this
Web Site, solely for Your personal, non-commercial use, consistent with these
Terms, provided that You maintain all copyright and other notices contained in
such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of Us or the
Providers. You may request consent by emailing us click
here. Your modification of
the Content, use of the Content on any other Web site or networked computer
environment, or use of the Content for any purpose other than personal,
non-commercial use, without the prior written consent of Us or the Providers,
violates the intellectual property rights and proprietary rights of the Content
owners and is prohibited.
You may not use on Your Web site any registered or unregistered trademarks,
service marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express written consent
of the owner of the mark or copyright. You may not frame, deep link, or
otherwise incorporate into another Web site any of the Content or other
materials on this Web Site without Our express prior written consent.
Violation of trademark and copyright laws may result in significant civil
liability or criminal penalties under United States and/or worldwide copyright
and trademark laws. You recognize that any reproduction or use of Content,
except as authorized by these Terms, is considered intentional infringement.
As used in these Terms, "Information" is defined to mean any
information or data, including without limitation all journal entries,
recommendations, opinions, text, photographs, illustrations, graphics, logos,
audio clips and images, or other materials, that You submit to AGI in
connection with this Web Site and any information or data that is generated by
this Web Site as a result of Your use of this Web Site.
With respect to all Information You elect to submit to AGI and/or post to
publicly accessible areas of this Web Site: You acknowledge and agree that upon
Your submission and/or posting of Information to AGI or to this Web Site, You
have granted to AGI a non-exclusive, royalty-free, fully paid, worldwide right
and license to use, reproduce, modify, publish, publicly perform, publicly
display, transfer, and make derivative or adaptive works thereto or therefrom
of such Information (in whole or part); provided, however, that such use is
subject to the terms of Our Privacy Policy. You acknowledge and agree that AGI
will have the right (but under no circumstances will AGI have any obligation)
to refuse to post on or remove any Information (in whole or in part) from any
publicly available portion of this Web Site, in Our sole discretion, including,
but not limited to, Information that violates these Terms, is believed to be
inaccurate, incomplete, or inappropriate, or is otherwise objectionable. In
addition, You also acknowledge and agree that We may preserve Information and
may also disclose Information if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms; (c) respond to claims that
any Information violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Our business, employees, Providers,
affiliates, users, and/or the public.
You are solely responsible for the submission and/or posting of Your
Information. By submitting and/or posting Your Information to Us or this Web
Site, You are representing and warranting to Us that (a) the Information You
provide is true, accurate, current and complete Information; (b) You are the
owner of such Information, or have been granted all the rights necessary from
the owner of such Information to submit and/or post such Information, and (c)
the use of such Information by AGI will not infringe the intellectual property
rights of or otherwise violate the privacy rights of any third party. If You
provide any Information that is untrue, inaccurate, not current or incomplete (or
We have reasonable grounds to suspect that such Information is untrue,
inaccurate, not current or incomplete), We have the right to suspend or
terminate Your access and activity, and refuse any and all current or future
use, of this Web Site.
You warrant and represent to Us that You will not use this Web Site for any
purpose that is unlawful or prohibited by these Terms, including without
limitation, the posting or transmitting any threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic or profane material. If You
violate any of these Terms, Your permission to use this Web Site immediately
terminates without the necessity of any notice. We retain the right to deny
access to anyone at Our discretion for any reason, including for violation of
these Terms.
In the event that You are provided with User identification numbers or codes
(collectively, "ID's"), confirmation numbers and/or passwords (as
applicable) in the use of this Web Site, You shall maintain such User ID's,
confirmation numbers and/or passwords in confidence and You agree not to
distribute or disclose the same to third parties. It is Your responsibility to
notify Us if We need to change or discontinue any of Your ID's, confirmation
numbers or passwords. It is also Your responsibility to immediately request
discontinuation of an ID, confirmation number or password upon Your knowledge
or belief that such ID, confirmation number and/or password is, or may be
subject to, a breach of confidentiality. We may suspend or terminate Your
service or access to this Web Site if We believe a breach of these Terms has
occurred.
("Coast Credits") Users who redeem Coast Credits for AGI Rewards are subject
to the following additional terms and conditions:
(a) AGI may alter, suspend or discontinue any part of the AGI Rewards program
at any time.
(b) AGI may withhold or limit the redemption of Coast Credits if Users and/or
members collude or conspire to award excessive Coast Credits through viewing
journals only for point awarding purposes.
(c) AGI may withhold or limit the redemption of Coast Credits if Users and/or
members create duplicate or false identities for the purposes of collecting Coast
Credits through viewing their own Information.
You are specifically prohibited from any use of this Web Site, and You agree
not to use or permit others to use this Web Site, for any of the following: (a)
taking any action that imposes an unreasonable or disproportionately large load
on the Web Site's infrastructure, including but not limited to "spam"
or other such unsolicited mass e-mailing techniques; (b) disclosing to, or
sharing with, any unauthorized third parties the assigned confirmation numbers
and/or passwords or using the assigned confirmation numbers and/or passwords
for any unauthorized purpose; (c) attempting to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code comprising or
in any way making up a part of this Web Site; (d) uploading, posting, emailing
or otherwise transmitting any Information, Content, or proprietary rights that
You do not have a right to transmit under any law or under contractual or
fiduciary relationships; (e) falsifying or deleting any attributions, legends
or other proprietary designations of the origin or source of Content or
Information appearing on this Web Site or contained in a file that is uploaded;
(f) submitting, posting, uploading or otherwise transmitting Content or
Information that contains viruses, corrupted files or any other similar software
or programs that may damage the operation of Our or Providers', other Users',
or a third party's computer; (g) impersonating, or otherwise misrepresenting
Your affiliation with, any other person or entity; (h) violating any applicable
local, state, national or international law, including, but not limited to, any
regulations having the force of law; and, (i) using any robot, spider,
intelligent agent, other automatic device, or manual process to search, monitor
or copy Our Web pages, or the Content or Information without Our prior written
permission, provided that generally available third party Web browser such as
Netscape Navigator® and Microsoft Internet Explorer® may be used without such
permission.
This Web Site may contain links to third-party and/or other AGI-affiliated Web
sites not under Our control or operation (the "Linked Sites"). The
links will let You leave this Web Site, and You access them at Your own risk.
You acknowledge that We provide the Linked Sites for Your convenience and
information only. We neither endorse nor are We responsible for any content,
information, or other related materials found at any such Linked Sites or any
links contained within such Linked Sites, whether or not We are affiliated with
the owners of such Linked Sites. Moreover, We do not control any use of
content, information or other related material that You provide to, or is
collected and/or tracked by, such Linked Sites. Such use by Linked Sites is
governed by the terms of use statements and/or privacy policies of such Linked
Sites, not this Web Site, and as a result may differ from Ours. You may not
establish a hyperlink to this Web Site or provide any links that state or imply
any sponsorship or endorsement of Your Web site by Us or the Providers.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through this Web Site, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings are solely between
You and such advertiser. You agree that We (and the Providers) shall neither be
responsible nor liable for any loss or damage incurred by You as the result of
any such dealings or as the result of the presence of such advertisers on this
Web Site.
ALL CONTENT AND INFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S.
LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, NOR OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE,
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT AND INFORMATION THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR
YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS
WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY
CONTENT, INFORMATION, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE
OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL
OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF
THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING
PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS,
NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY,
REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB
SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)
$500. Some states do not allow for the limitation of liability, so the
foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the
parties. The limitations specified in this Section 11 will survive and apply
even if any limited remedy specified in these Terms is found to have failed of
its essential purpose. The limitations of liability provided in these Terms
inure to the benefit of Us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents.
This website can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of California, by accessing this Web Site, You agree that these
Terms and Your use of the Web Site shall be governed in all respect by the internal
substantive laws of the State of California, without regard to conflict of laws
provisions and shall not be governed by the United Nations Convention on the
International Sale of Goods. You further submit to exclusive jurisdiction and
venue in the state and federal courts located in the State of California for
all disputes, cases and controversies regarding this Web Site, Your use of this
Web Site, and Your relationship with Us. We make no representation that
materials on this Web Site are appropriate or available for use in other
locations, and Your accessing of such materials from these other territories
may be illegal or prohibited. Those who choose to access this Web Site from
other locations do so at their own risk and are responsible for compliance with
local laws, including laws regarding the transmission of technical data
exported from the United States or the country in which You reside.
We reserve the right to report any wrongdoing, if and when We become aware of
it, to any applicable government agencies. You agree to indemnify, defend and
hold Us and the Providers, Our and their officers, directors, employees,
affiliates, agents, licensors and suppliers harmless from and against any and
all claims, demands, actions, costs, liabilities, losses and damages of any
kind (including attorneys' fees) resulting from Your use of this Web Site, Your
breach of any provision of these Terms and/or any negligent acts, omissions or
intentional wrongdoing by You. Any such indemnification shall be conditioned on
Our: (a) notifying You in writing of any such claim, demand, action, cost,
liability, loss or threat of any thereof; (b) cooperating with You in the
defense or settlement thereof; and (c) allowing You to control such defense or
settlement. We shall be entitled to participate in such defense at Our own cost
and expense.
In the event that We provide message boards or discussion forums on this Web
Site (the "Forums"), You agree to use the Forums only in a
noncommercial manner. You shall not, without our express approval, distribute
or otherwise publish any material containing any solicitation of funds,
advertising, or written solicitation for goods and services. You agree that any
uploaded materials may be republished without compensation to You or any other
person or entity. In addition, You warrant that all moral rights in any
uploaded materials have been waived. While We do not and cannot review every
message posted by You or any other User in the Forums, and although We are not
responsible for these messages, We reserve the right (but not the obligation)
to delete, move, or edit messages that We, in our sole discretion, deem
abusive, defamatory, obscene, in violation of copyright or trademark laws, or
otherwise unacceptable. We do not endorse any Information posted on this Web
Site.
You agree that You must evaluate, and bear all risks associated with, the use
of any messages, Information, or Content, including any reliance on the
accuracy, completeness, or usefulness of such messages, Information, or
Content. In this regard, You acknowledge that You may not rely on any Content
We create or information submitted to Us by third parties, including without
limitation, information in the Forums, and in all other parts of this Web Site.
By You. You may discontinue Your participation in and access to this Web Site
at any time. These Terms will continue to apply to all past use of this Web
Site by You, even if You are no longer using it.
By AGI. AGI may, in its sole discretion, suspend or terminate Your membership
and/or access to this Web Site, including Your ability to submit Information to
Us, without prior notice to You, if We reasonably believe that: (a) Your
conduct violates or has violated any provision of these Terns; (b) Your conduct
violates or has violated Our or the Providers', other Users', or third party's
rights; and/or (c) it is inappropriate for You to enjoy continued access to or
use of this Web Site. Moreover, We reserve the right to terminate the
membership of inactive members. You acknowledge and agree that upon
termination, We may (but are not obligated to) delete all information related
to You or Your membership and may deny You access to this Web Site.
These Terms are for the benefit of Us and the Providers and Our and their
officers, directors, employees, affiliates, agents, licensors, and suppliers.
Each of these individuals or entities shall have the right to assert and
enforce these Terms directly against You on its (or their own) behalf. Our
failure to act with respect to a breach by You or others does not waive Our
right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are
for reference purposes only.
You and We are dealing at arms' length, creating a commercial relationship. We
are not Your Agent or Your fiduciary.
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Us (including the Providers),
Our affiliated or related entities, and You, and supersede any prior agreements
or understandings not incorporated herein. In the event that any
inconsistencies exist between these Terms and any future published terms of use
or understanding, the last published Terms shall prevail.
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