Terms of Use Agreement

 

Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on September 6, 2013.

 

This Terms of Use Agreement sets forth the standards of use of the website at www.wewarvpark.com (the “Site”) operated by Wewa RV Park and Trading Post (“Wewa RV Park”, "Trading Post ' or “we” or “us”). By using the Site, you (“you” or the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

Description of Service

 

Wewa RV Park and Trading Post is providing Members with access to buy/sell furniture and artwork, and rent available RV space at the campground.

 

Disclaimer of Warranties.

 

The Site is provided Wewa RV Park and Trading Post on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Wewa RV Park and Trading Post makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Wewa RV Park and Trading Post shall have no liability for any interruptions in the use of the Site. Wewa RV Park and Trading Post disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.

 

Limitation of Liability

 

WEWA RV PARK AND TRADING POST SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR UGALLERY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF UGALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

 

Indemnification

 

Member agrees to indemnify and Wewa RV Park and Trading Post, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Consumer's use of the Site, the violation of this Agreement, or violation of any law by Consumer.

 

Modifications and Interruption to Site

 

Wewa RV Park and Trading Post reserves the right to modify or discontinue the Site with or without notice to the Member. Wewa RV Park and Trading Postshall not be liable to Member or any third party should Wewa RV Park and Trading Post exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Wewa RV Park and Trading Post does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Wewa RV Park and Trading Post's control.

 

Disclaimer Regarding Accuracy of Vendor Information

 

Specifications about and other information regarding artwork for sale on the Site have been provided by individual artist/sellar and is not verified by Wewa RV Park and Trading Post. While Wewa RV Park and Trading Post makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.

 

Wewa RV Park and Trading Post makes no warranties or representations whatsoever with regard to any product provided or offered by any artist/seller, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

Information for Customers

 

Purchases: We do not have a return policy as the nature of one-of-a-kind artwork and furniture are sold "As is". We will however make every effort with shipping vendors to insure your product arrives safely.

 

Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, Wewa RV Park and Trading Post may collect fees owed using other collection mechanisms.

 

Governing Jurisdiction of the Courts of Florida

 

The site is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Florida.

 

Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

Copyright and Trademark Information

 

Any images of artwork for sale on the Site (“Images”),  grant to Wewa RV Park and Trading Post the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that Member does not own all rights in and to the Images or that Wewa RV Park and Trading Post use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Wewa RV Park and Trading Post harmless from any claims or demands, including attorneys’ fees and costs, incurred by Wewa RV Park and Trading Post with respect thereto.

 

All images on the Site are either owned or licensed by Wewa RV Park and Trading Post and may not be reproduced or used in any manner without the express written permission of Wewa RV Park and Trading Post and, if appropriate, the relevant artist. Copyright © 2013 Wewa RV Park and Trading Post. All rights reserved. All physical artwork is created solely by the individual artists represented here and are subject to United States and International copyright laws.

 

Notification of Claimed Copyright Infringement

 

If you believe that any works on the Site infringe your copyright rights, please provide Wewa RV Park and Trading Post copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Wewa RV Park and Trading Post Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

 

Douglas M. Isenberg, Esq. 

The GigaLaw Firm 

5 Concourse Parkway 

Suite 3000 

Atlanta, Georgia 30328 

E-mail: disenberg@GigaLawFirm.com

 

Botnets

 

Wewa RV Park and Trading Post retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Wewa RV Park and Trading Post reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Wewa RV Park and Trading Post's discretion.

 

Other Terms

 

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Wewa RV Park and Trading Post in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Wewa RV Park and Trading Post Privacy Statement.