EFFECTIVE DATE: April 18, 2024
These Terms and Conditions (“Terms”) constitute a contract between Zippy RV RX, LLC and you. These Terms govern all aspects of your use of the https://www.zippyrvrx.com website, the Zippy RV RX, LLC mobile application (collectively, “Site”), and our products and services offered on or through the Site (“Services”).
Please read these Terms carefully. By accessing or using any of the information, materials, or functions available on the Site or using our Services, you agree to be bound by these Terms. You are responsible for reviewing these Terms regularly. We may modify the Terms at any time, at our sole discretion, by posting updated Terms on the Site or by written notice to you by email, through a website, or via U.S. mail. You agree to be bound by any modifications, and your continued use of the Site or Services constitutes your acceptance of any modifications to the Terms. If you do not agree to these Terms, you should discontinue your use or access of the Site and Services.
The Terms are in addition to any other terms and conditions that may apply to specific activities that you may engage in on the Site or the Services that you receive offline. Where appropriate, please review those specific terms and conditions. In the event of a conflict between the Terms and the specific terms and conditions of specific activities that you may engage in on the Site or the Services that you receive offline, the specific terms and conditions will govern.
You agree to provide accurate, current, and complete information about yourself when you use the Site. You further agree to update information about yourself as a user of the Site as appropriate using the contact information listed below.
Eligibility
Not all Services are available to all individuals or their recreational vehicles. Registration for an account and/or submission of any information does not automatically qualify you for a Service.
This Site and associated Services are not available to persons who have not reached the age of majority in Texas (age 18).
The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use or export or re-export any portion of the Site in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. Zippy RV RX, LLC makes no representation that the documents, pages, images, or other materials or content on the Site are appropriate or available for use in jurisdictions outside the United States.
Your Information and Disclosure to Third Parties
Zippy RX RV, LLC has made a commitment to protecting the privacy of those who access and use our Site. The Site’s Privacy Policy is incorporated by reference in these Terms, and by using the Site, you are consenting to the Privacy Policy.
User and Accountholder Responsibilities
Certain activities and functionalities of the Site may be accessible only to registered users and accountholders. To access the registered user and accountholder areas of the Site, you may need to register with the Site, which includes creating access credentials, such as a username and password. You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any charges or damages that may be incurred because of your failure to maintain the strict confidentiality of your access credentials. Zippy RV RX, LLC is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the Site using your access credentials. You must immediately notify Zippy RV RX, LLC regarding any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.
Your License
Subject to the Terms, Zippy RV RX, LLC grants you a non-exclusive, non-transferable, limited, and revocable license to access the Site for your personal use only (“Your License”).
Intellectual Property
The Site, its content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Zippy RV RX, LLC or third parties. All rights, title, and interest therein shall remain the property of Zippy RV RX, LLC and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized solely to view and retain a copy of pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Site for the purpose of transacting business with Zippy RV RX, LLC. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use, without the express written consent of Zippy RV RX, LLC. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Zippy RV RX, LLC.
Use of Information and Materials
The information and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for all your activities using the Site. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Zippy RV RX, LLC ‘s systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:
- (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- (b) is unlawful, fraudulent, or deceptive;
- (c) uses technology or other means to access content or systems of Zippy RV RX, LLC in a manner that is not authorized by Zippy RV RX, LLC;
- (d) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Zippy RV RX, LLC
- (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- (f) attempts to gain unauthorized access to Zippy RV RX, LLC ‘s computer network or user accounts;
- (g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- (h) violates the Terms or any other agreement that you enter into with Zippy RV RX, LLC through your use of this Site;
- (i) attempts to damage, disable, overburden, or Zippy RV RX, LLC ‘s servers or networks or interfere with any other party’s use of the Site;
- (j) fails to comply with applicable third-party terms; or
- (k) offends or is otherwise in contradiction with Zippy RV RX, LLC ‘s philosophy or public values.
Links from the Site
The Site may contain links to websites controlled or offered by third parties (non-affiliates of Zippy RV RX, LLC). Zippy RV RX, LLC hereby disclaims liability for any information, materials, products, or services posted or offered at any of the third-party websites linked to the Site. By creating a link to a third-party website, Zippy RV RX, LLC does not endorse or recommend any products or services offered or information contained at that website, nor is Zippy RV RX, LLC liable for any failure of any products or services offered or advertised at such website. Such third party may have a privacy policy different from that of Zippy RV RX, LLC, and the third-party website may provide less security than the Zippy RV RX, LLC Site.
Linking to the Site
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be requested using the contact information below. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you or that contains any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable; (b) establish a link that portrays Zippy RV RX, LLC in a false, misleading, derogatory or otherwise defamatory manner; (c) cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (d) link to any part of the Site other than the homepage; and (e) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
Termination
Zippy RV RX, LLC reserves the right, in its sole discretion, to terminate Your License or any Services provided to you and to assert legal action with respect to content or use of the Site that Zippy RV RX, LLC reasonably believes is or might be in violation of these Terms or the terms and conditions of any other agreement that you enter into with Zippy RV RX, LLC through your use of this Site.
Online Purchases and Other Terms and Conditions
All purchases through our Site or other transactions for the sale of goods formed through the Site, or resulting from visits made by you, are governed by these Terms.
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
DISCLAIMER OF WARRANTY
THE SITE, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY ZIPPY RV RX, LLC OR BY THIRD PARTIES, IS PROVIDED “AS IS”, “AS AVAILABLE,” AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ZIPPY RX RV, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE OR CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY ZIPPY RV RX, LLC OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE SITE AT YOUR SOLE RISK AND THAT ZIPPY RX RV, LLC CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZIPPY RV RX, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH (1) THE SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF ZIPPY RV RX, LLC OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.
Indemnification
You agree to defend, indemnify, and hold harmless Zippy RV RX, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your Submissions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Submissions
Any questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information submitted to Zippy RV RX, LLC via the Site (collectively, “Submissions”) shall be deemed and remain the property of Zippy RV RX, LLC, and Zippy RV RX, LLC shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in the Submission a user of the Site provides Zippy RV RX, LLC through the Site. Zippy RV RX, LLC shall not be subject to any obligations of confidentiality regarding the Submission submitted, except as may be expressly agreed in writing by Zippy RV RX, LLC, or as otherwise, specifically required by law. By submitting your Submission, you hereby release Zippy RV RX, LLC and its agents and employees from any claims that such use violates any of your rights.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Site or communicating with Zippy RV RX, LLC through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Zippy RV RX, LLC ‘s, can experience unanticipated outages or slowdowns or have capacity limitations.
Protecting Your Devices and Account
Although we are committed to protecting the privacy of your information, please do your part to protect your information by keeping your software patched, using updated anti-virus or anti-malware software, using personal firewalls, and an updated unique complex password. Zippy RV RX, LLC makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Zippy RV RX, LLC is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of information transmitted from or stored on your devices.
Governing Law and Disputes
The Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The state and federal courts of Coryell County, Texas shall have general jurisdiction and will be the exclusive venues for litigating any claims, actions, or proceedings related to the Site, Terms, or any other Zippy RV RX, LLC policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.
Severability/No Waiver
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Zippy RV RX, LLC ‘s failure to enforce the strict performance of any provision of the Terms or the terms and conditions of any other agreement that you enter into with Zippy RV RX, LLC through your use of this Site for any Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the terms and conditions of any other agreement that you enter into with Zippy RV RX, LLC through your use of this Site.
Contact Us
Any questions, complaints, or claims regarding the Site should be directed to:
support@zippyrvrx.com
By using our site you agree to be bound by these terms and conditions.