END USER LICENSE AGREEMENT
Effective: 07/25/24
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS AN "AS IS" CLAUSE, WARRANTY DISCLAIMERS, AND FORUM SELECTION AND CHOICE OF LAW CLAUSES INDICATING THAT MICHIGAN LAW APPLIES TO ALL POTENTIAL DISPUTES AND THAT ALL CLAIMS MUST BE FILED IN MICHIGAN.
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and General RV Center, Inc. ("General RV"). This Agreement governs your use of the MyGeneralRV Application (the "Application") and its content ("Content") on either Android or iOS, (including all related documentation, the "Application" or "App"). The Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, AND DELETE IT FROM YOUR MOBILE DEVICE.
I. LICENSE GRANT
SUBJECT TO THE TERMS OF THIS AGREEMENT, GENERAL RV GRANTS YOU A LIMITED, NON-EXCLUSIVE, AND NONTRANSFERABLE LICENSE TO:
- Download, install, and use the Application and Content for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
- Access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use application to such Content and Services as set forth in Section 5.
II. LICENSE RESTRICTIONS
Except as expressly permitted by applicable law or expressly authorized by the Application, you shall not:
- Copy the Application and Content, except as expressly permitted by this license;
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application and Content;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application and Content or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application and Content, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application and Content, or any features or functionality of the Application and Content, to any third party for any reason, including by making the Application and Content available on a network where it is capable of being accessed by more than one device at any time;
- Use any robot, spider, or other automatic device, process, or means to access the Application and Content for any purpose, including monitoring or copying any of the material on the Application and Content;
- Use any manual process to monitor or copy any of the material on the Application and Content, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
- Frame, mirror, or otherwise incorporate the Application and Content or any portion of the Application as part of any other mobile application, website, or service;
- Use the Application and Content in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application and Content;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application and Content; or
- Use the Application and Content in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
III. RESERVATION OF RIGHTS
You acknowledge and agree that the Application and Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Application and Content under this Agreement, or any other rights thereto other than to use the Application and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. General RV, its licensors, and service providers reserve and shall retain their entire right, title, and interest in and to the Application and Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
IV. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the Application, General RV may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, accessible at: https://www.generalrv.com/about/privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You may send us an email at webadmin@generalrv.com to delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account with the Application.
The information you provide is used to enable the functions available within the Application. For example, the information you provide will be used to identify your local store, identify the RV you own, schedule and track service events. Information you provide may be used to alert you of General RV sales and service events, seminars, and other services.
V. WEBSITE
The Application may provide you with access to General RV's website, located at https://www.generalrv.com, and products and services available thereon, and certain features, functionality, and content accessible on or through the Application may be hosted by the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by General RV's website Terms of Use and Privacy Policy, located at https://www.generalrv.com/about/privacy-policy, which are incorporated herein by reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
VI. GEOGRAPHIC RESTRICTIONS
The Content and Services are based in the state of Michigan in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services outside the United States, you are responsible for compliance with local laws.
VII. UPDATES
General RV may from time to time, in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that General RV has no obligation to provide any Updates or continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- The Application will automatically download and install all available updates; OR
- You may receive notice of or be prompted to download and install available updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
VIII. THIRD PARTY MATERIALS
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that General RV is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. General RV does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
IX. TERM AND TERMINATION
- The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 9.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
- General RV may terminate this Agreement and your ability to use or access the Application, at any time, without notice, and without cause.
- General RV may terminate this Agreement at any time, without notice, if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- All rights granted to you under this Agreement will also terminate; and
- You must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- General RV will continue to have access to information you provided while using the Application unless you direct the Company to delete your data by sending us an email at webadmin@generalrv.com.
- Termination will not limit any of Company's rights or remedies at law or in equity.
- All provisions of the Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and indemnity and limitations of liability.
X. REGISTRATION
To access the features of the App, you will have to create an account. You must submit a valid email address and select a password and username during the registration process. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You must not select or use as a username a name of another person with the intent to impersonate that person; use as a username a name subject to any rights of a person other than you without appropriate authorization; or use as a username a name that is otherwise offensive, vulgar, or obscene. General RV reserves the right to refuse registration of or cancel a username in its sole discretion. You are solely responsible for activity that occurs on your account and will be responsible for maintaining the confidentiality of your password. You may never use another user's account without such user's express, written permission. You will immediately notify General RV in writing of any unauthorized use of your account, or other account-related security breaches of which you are aware.
XI. RIGHT TO USE CONTENT
- Generally
You agree that the Application contains Content specifically provided by General RV, its users, and/or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized below or otherwise by General RV in writing, you must not sell, license, rent, modify, distribute, copy, reproduced, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. Except as set forth below, reproducing, copying, or distributing any content, materials, or design elements on the Application for any purpose, including training a machine learning or AI model, is strictly prohibited without the express prior written permission of General RV.
- Content and Photographs; Disclaimer of Liability
All Content is for informational purposes only, and is general advice, not intended to be relied upon to offer a solution to a specific problem or as a substitute for the advice of a qualified professional or the appropriate owner's manual. General RV does not recommend use of the Content in lieu of professional advice or delay in seeking professional advice based on the Content. General RV does not recommend use of the Content for diagnosing or other problems.
Emergency Questions and Crisis situations (particularly regarding medical or mental health issues or anything that may impact your safety) should not be directed to the App and should, instead, be directed immediately by telephone or in-person to qualified professionals (e.g., call 911). The App is not an appropriate venue to deal with such situations.
XII. DISCLAIMER OF WARRANTIES
THE APPLICATION AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL RV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION AND CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; CONSEQUENCES OF USING THE APP OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE; UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION, OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD, OR STORAGE OF USER SUBMISSIONS; OR STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE, INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS.
GENERAL RV DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; OR THE RESULTS OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS.
GENERAL RV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR FEATURES IN THE CONTENT OF THE SITE OR ANY BANNER OR OTHER ADVERTISING, AND GENERAL RV WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE APPLICATION AND ALL CONTENT IS SOLELY AT YOUR DISCRETION AND RISK. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR:
- THE DECISIONS THAT YOU MAKE REGARDING THE APPLICATION AND ITS CONTENT;
- THE USE OF THE APPLICATION AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, DATA, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU IN CONNECTION WITH THE APPLICATION OR THROUGH YOUR ACCOUNT, COMPUTER SYSTEM, OR MOBILE DEVICE OR ANY LOSS OF DATA; AND
- ANY LOSS, DAMAGE, OR OTHER EFFECTS ON YOU THAT MAY RESULT FROM USE OF THE APPLICATION OR ANY CONTENT OR THE FAILURE TO COMPLY WITH THESE TERMS. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM GENERAL RV OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY OR IN ANY WAY AFFECT THE DISCLAIMERS OF WARRANTY OR LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS.
XIII. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GENERAL RV OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT AND SERVICES FOR ANYTHING, INCLUDNG NO LIBABILTY FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GENERAL RV OR IS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
XIV. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless General RV and its officers, directors, employees, agents, insurers, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application and its Contents or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
XV. EXPORT REGULATION
The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
XVI. US GOVERNMENT RIGHTS
The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
XVII. SEVERABILITY
If any provision of this Agreement is found to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
XVIII. GOVERNING LAW; FORUM SELECTION
This Agreement is governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the State of Michigan with jurisdiction over Oakland County, Michigan. You agree that those courts have exclusive jurisdiction and you waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
XIX. LIMITATION OF TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN THE SHORTER OF ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR BREACH OCCURS, WITHOUT REGARD TO TOLLING BASED ON ANY DISCOVERY RULE OR OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XX. ENTIRE AGREEMENT
This Agreement and our Privacy Policy constitute the entire agreement between you and General RV with respect to the Application, and they supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
XXI. WAIVER
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.