Last Updated: December 28, 2020
Please read these terms of service ("Agreement") carefully before using any of the Services (as that term is defined below) provided by Dunia RV Operations, LLC d/b/a mangorv.com and as MangoRVTM, (the "Company”, “we,” or “us”). By using this website and its related mobile application (collectively, as “the Website”) and the Services of Company as defined herein, you are agreeing to all the terms contained herein.
Dunia RV Operations, LLC is a Texas limited liability company headquartered in the San Antonio, Texas area. MangoRVTM is a trademark exclusive licensed by Company to for branding and operation of a website and suite of Services that allow its Members to register, post (by Providers) and choose (by Guests) available Recreational Vehicles (RVs). Members can then use the Services to connect directly to negotiate and arrange terms of rental between themselves.
Any use of the Website or Services by you makes you a User of the Services and this website as defined herein, and constitutes your acceptance by conduct of this Agreement. If you do not wish to be bound by the terms of this Agreement, DO NOT USE the Website or Services of Company. Conversely, if you do not fully agree to the terms of this Agreement and any other terms and conditions posted or linked to the Website as may be updated from time to time, YOU ARE NOT AUTHORIZED to access or otherwise use the Website or any Services.
Company reserves the right to update this Agreement at any time, at the sole discretion of Company, with or without direct notice to you. Any modification to this Agreement will take effect immediately.
You warrant and represent to Company that you will review this Agreement for revision of any terms of service prior to each use of the Website or any Service. You acknowledge that Company relies on such representation in allowing you to access the Website and Services, which it not under any preexisting legal obligation to otherwise do. As such, your continued use and access to the Website or Services indicates that you agree to any and all modifications to this Agreement and also that you acknowledge you will be bound to the terms contained herein as last modified prior to your last relevant use of the Website of Services.
Certain areas of the Website or Services (and your access to or use of certain aspects of the Services or Collective Content) or different programs or offers that we may extend to you, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
The term “Service” as used in this Agreement refers generally to any one, some or all of the services provided through the Company’s website and mobile applications, pursuant to which Providers and Guests may post and review one another’s needs and availability, connect, and contract between themselves, such that a Guest may rent a Provider’s RV for an agreed period of time for an agreed price as may be negotiated by and between the Guest and Provider. The term Service expressly contemplates that the Company is not involved in any of the contracts, representations, warranties, or other dealings that may arise as between any Guest and any Provider as a result of finding one another using any one or more of the Company Services. Company’s role is limited to the undertakings to which Company obligates itself as set forth in this Agreement.
“ACH” refers to industry standard automated check handling.
“Agreement” refers to these Terms of Service as most recently updated.
“Collective Content” means Member Content and Company Content.
“Company Content” means all Content that Company makes available through the Website or Services, including any Content licensed from a third party except for any Member Content.
“Booking” means a commitment made using the Service or Website by a Guest to reserve an RV posted on a Listing.
“Content” refers generally to any text, graphics, images, music, software other than as limited herein, audio, video, information and any other content or materials.
“Guest” means a Member who requests a Booking of an RV via the Services, or a Member who uses an RV rented via the Services and is not the Provider for such RV.
“Listing” refers to an RV that is listed by a Provider as available for rent via the Website or Services.
“Marks” shall refer generally to all trademarks and service marks, whether registered or protected by common law, which are owned or licensed for use by Company, including without limitation the Mark MangoRVTM.
“Member” means a person who completes Company’s account registration process, includes without limitation both Providers and Guests.
“Member Content” refers to all Content that a Member posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services.
“Provider” means a Member who creates a Listing via the Services.
“RV” refers to a recreational vehicle including, but not limited to, trailers, towables, campers, vans, coaches, or other recreational vehicles listed on the Website or through any of the Services.
“Services” has that meaning set forth in Section I.D
“the Website” refers to www.mangorv.com and all affiliated websites and related mobile applications regardless of platform.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“User” means a party visiting the Website and agreeing to the terms of this Agreement. Users include Members, and all non-member authorized business invitees. No access to the Website or Service is permitted to anyone who is not a User except for technical and internal reasons as expressly provided in a separate authorizing document.
You acknowledge that Company is not a Provider or operator of RVs, and makes no warranties or representations about the truth of any Listing or other Member Content, or the quality, suitability, or safety of any RV. You further acknowledge that Company does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control RVs, or transportation or travel services. Company’s responsibilities are limited to facilitating the availability of the Website and Services as defined in this Agreement.
Important terms relating to the allocation of risk and responsibility and the limitation of liability are provided in Section XI. BY USING THE WEBSITE OR SERVICES YOU AFFIRMATIVELY REPRESENT TO COMPANY THAT YOU HAVE REVIEWED AND ACCEPTED SECTION XI ALONG WITH THE REMAINDER OF THIS AGREEMENT.
Though the Company is not party to any rental transaction and assumes no liability for legal or regulatory compliance pertaining to any RV listed on the Site, and Company assumes no duty to investigate complaints, there still may be circumstances where the Company are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your User history on the Website, Listing or other Member Content in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion. You acknowledge and agree that Company may release User information, Member Content and other information about you that you disclose to Company if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
You agree that in exchange for gaining any level of User access to the Services and this website, you take all responsibility for all Content created by you, and agree to abide by, all laws, rules and regulations applicable to your use of the Website. You further warrant that you will rely on your own judgment rather than relying on Company in your review, interpretation, or use of any Collective Content, and your use of any Service or on the Website, as well as in any transaction you enter into in connection with your use of the Website or Services.
Users are granted a limited, revocable non-exclusive license to access the Website and the Services solely for the purpose of listing an RV, searching for an RV, purchasing or researching (for the purpose of inquiring about purchasing) any Listings or other Services offered on the Website, or for any other purpose clearly stated on the Website, all in accordance with this Agreement. Any use of the Services or the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited.
The license to use the Website and Services granted to Users does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
The limits of your license to access and use the Website and Services also means that as User you expressly agree NOT to do any of the following absent Company’s prior express written permission:
Each Guest must create an account with Company and become a Member in order to use the Services provided by Company to rent an RV from a Provider. In order to create a Listing, each Provider must also create an account with Company and become a Member. Company reserves the right to terminate any Member’s account at any time with no notice. No account creation is necessary for Users. However, each User still agrees to all applicable terms of this Agreement.
The minimum age to access the Services or the Website is 18 years or older. The minimum Guest age to rent an insured RV is 25 years or older.
In order to be a Member to access and use the Service, you are required to provide to apply for and obtain a Member username and password. You agree to provide true and accurate information in creating your Member account. You are responsible for maintaining the security and confidentiality of the Member username and password assigned to you.
You agree to (i) keep your password and user name for both your account with us and your email account (if you use it to create your website account) secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your user name and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new user name and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your user name and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your Member username and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your username and password for your account with us. However, if you do give someone your user name and password, or if you fail to adequately safeguard such information, you understand and acknowledge that you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH MEMBER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY MEMBER’S USER NAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USER NAME AND PASSWORD FOR YOUR WEBSITE ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH COMPANY AND OTHER USERS.
Although this Agreement requires all Members to provide accurate information, Company does not attempt to confirm, and does not confirm, any particular Member’s purported identity or other information provided by such Member. You acknowledge that it is your sole responsibility for determining the identity and suitability of others who you contact via the Services. Except as provided by this Agreement, we will not be responsible for any damage or harm resulting from your interactions with any User or other party through the website or the Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent a RV from a Provider, or to accept a booking request from a Guest, or to have any other interaction with any User or other party. We are not responsible for any damage or harm resulting from your interactions with other Users or third parties.
Further, we may, without notice to you, suspend or cancel your listing or reservation at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Company has no duty to investigate complaints. However, if, in our sole discretion, any Member submits unsuitable material to our website or into our database, is not abiding by local regulations, misuses the website or our Systems or is in material breach of this Agreement, we reserve the right to limit the Member’s use of the website, impact the Member’s Listing(s) search Position, and/or terminate such Member’s Listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding a Member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Member’s Listing from the website, then we may immediately terminate such Member’s Listing(s) without notice to the Member and without refund. Finally, if any Member is abusive or offensive to any employee or representative of the MangoRV Group, we reserve the right to terminate such Member’s Listing(s) or subscription(s) immediately without refund.
In addition to reserving the right to terminate any Listing, Company reserves all rights to respond to any violation of this Agreement or misuse of the website by, including, but not limited to, hiding a Listing from the search results and removing or changing information that may be false or misleading.
Company is not required to provide any refund to you if you are terminated as a Member or user of the Services because you violated this Agreement.
A Member or other User of the website or Services may terminate this Agreement with Company at any time with written notice of such party’s intent to cancel. Company may terminate this Agreement at any time for any reason, with no notice to a Member or other User of the website or Services. If you or we terminate this Agreement, the clauses of this Agreement that reasonably should survive termination of the Agreement will remain in effect.
Company uses the third-party payment platform, Stripe, Inc. ("Stripe"), to facilitate credit and debit card transactions from Guests and Providers, both for Service Fees payable to MangoRVTM, and for payments between Guests and Providers. Each Provider is required to establish its own Stripe Connect account to process payments made in connection with Bookings by Guests.
By using Stripe, you agree to be bound by Stripe’s Terms of Service as may be set forth in your own dealings with Stripe, directly. Further, you expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that the Company shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
Company is not and does not hold itself out to be a party to any rental agreements between any Provider and any Guest. Company does not endorse or hold itself out to endorse any Members. In addition, Company is not an RV broker, agent or insurer. Company does not have control over the conduct of any Members or any authorized or unauthorized Users of the Website or Services.
You agree that in becoming a Member, you are responsible for your own Member Content and for your interpretation of any Member Content posted by any other Member. Company expressly disclaims all liability in regard to the above to the maximum extent permitted by law as to each transaction between each Provider and each Guest. Accordingly, you warrant and represent that you agree that all Providers and all Guests are acting on their own behalf and at their own risk with respect to any of the Member listings, representations, or comments contained on the Website
Providers agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their RV and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.
Along with agreeing to the terms of this Agreement, each Provider agrees to pay and authorize payment of all Service Fees as may be presented by Company by electronic invoice upon the placement of a Listing and the acceptance of a Booking using the Service or the Website.
During use of an RV in the course of a Booking, Guest will be solely responsible for safe and lawful use of the RV, including full financial responsibility for all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against Guest, Provider, or the RV during the term of the Booking. Guest is also responsible for the condition of the RV during the Booking which includes both the full interior of the RV and any and all parts of the exterior of the RV during the rental period and the condition that the RV is returned in to the Provider. Guests (and not Company) will be held liable for any and all damages to the RV that occur during the rental period.
Along with agreeing to the terms of this Agreement, each Guest agrees to pay and authorize payment of all Service Fees as may be presented by Company by electronic invoice upon the placement of a Booking using the Service or the Website.
Company policy on cancellation of a Booking and refunds is as set forth below:
Each Provider is able to select from amongst three different cancellation policies on each Listing; the Provider’s policy becomes effective as to Guest once Guest makes the corresponding Booking:
All Listings will be subject to the following Refund and grace periods.
In the event that a Guest initiates a chargeback with their credit card company, for either rental fees or a security deposit, Company will inform the Provider that a chargeback has been initiated. If Company deems that the chargeback is not warranted, Company will use commercially reasonable efforts to dispute the validity of the chargeback on the Provider’s behalf. Provider agrees to cooperate with Company and to provide any information that may be reasonably requested by Company in its investigation. If you are a Provider, you authorize Company to share information about a chargeback with the Guest, the Guest’s financial institution, and Provider’s financial institution in order to investigate or mediate a chargeback. In the event that a chargeback dispute is lost, and funds are debited from Company’s account, Provider authorizes Company to, without notice, recapture such amount from Provider’s bank account or to withhold such amount from any payment due to Provider now or in the future. Provider acknowledges that chargeback decisions are made by the applicable issuing bank, card networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA.
The Provider sets the amount of security deposit in the Listing, (often it is $500, $1000 or $1500 or whatever Provider states). Company will collect and hold in escrow for Provider a security deposit paid by Guest prior to the rental date in an amount set forth by Provider in the Listing. Provider may claim some or all of the security deposit to cover cleaning fee, propane, mileage overages, generator overages, etc. It may also be used to cover interior damage of the RV.
Company will hold all security deposit funds during the rental period. If Provider’s claimed damages are equal to or less than the security deposit, Provider may request payment from the security deposit funds within six days after Guest’s return of the RV. Each Provider must submit dated departure and return forms, supplied by Company, along with its request for reimbursement. In connection with review of a reimbursement request, Company may also request additional information from either rental party.
Company will review each such proper request for payment and, should it rule in favor of Provider, release the requested amount to Providers in its sole discretion after seven days have passed from the rental end date.
If Guests’s security deposit is less than the total amount of the damage, the Provider will need to file a claim through MangoRVTM’s dispute department. MangoRVTM will ask for evidence. As a preliminary matter, Provider has the duty to obtain, retain, authenticate, and present a suitable walkthrough document previously signed by the Guest, supported by photographs, in which the pre-rental state of the RV’s interior and exterior was documented prior to the start of the trip. Second, Provider has the duty to take, retain, authenticate, and present photographs of the alleged damage, and to obtain an estimate of the damage from a reputable and qualified mechanic for the RV. Guest may contradict this evidence of damage with his or her own photographs of the state of the RV both immediately before and immediately after the trip. MangoRVTM will resolve the dispute between the parties using reasonable standards as it may deploy in its sole discretion. If MangoRVTM determines that Provider’s request has merit, then MangoRVTM shall reach out to Stripe to initiate a charge the Guest’s credit card on file for that additional fee. Amounts charged by the Provider in excess of the security deposit must be expressly agreed to by the Guest in writing before Company will charge the Guest’s credit card for the overage amount.
Should Company deny Provider’s request for reimbursement, or should Provider make no claim on the security deposit, it will be returned to Guest seven days after the later of Guest’s return of the RV or the Company’s determination on the Provider’s request for reimbursement.
Should a dispute arise between the rental parties, Company will use commercial standards and act as a neutral third party to settle any disputes. Company will serve as the final authority on all security deposit dispute resolution.
All Members agree to reasonably assist Company in the settlement of security deposit claims and dispute resolution.
All RV Rentals must have comprehensive collision and liability coverage for the duration of the rental. Guests may provide their own insurance. Providers and Guests disclaim all involvement by Company in determining the financial prudence and legal adequacy of their respective insurance coverages as may be implicated in any Booking, or in any casualty or other loss in connection with same. As such, all Members acknowledge and agree that they shall each determine and obtain suitable insurance to cover their risks for the undertakings involved in each Booking.
MangoRVTM has a marketing arrangement with a national RV insurance provider for up to $1 Million in comprehensive liability and collision insurance. Upon making a Booking, Guest will receive an email with a link to optionally purchase insurance directly from such insurance provider within 7 (seven) days before your trip start date. Company makes no representations about the adequacy or suitability of any particular insurance policy or product as may be offered by its marketing partners.
MangoRVTM offers additional services, each of which a Guest may select upon completing Booking.
MangoRVTM offers roadside assistance nationwide included with all RVs booked on MangoRV.com. The per day cost for each Roadside Assistance service will be as stated on the Booking prior to checkout.
Roadside Assistance services are limited to the following:
From time to time MangoRVTM offers additional optional services which shall be made available to you upon checkout for your Booking upon the terms and conditions so stated.
In consideration for your access to and use of the Services, you agree to pay the fees, charges, and other amounts set forth herein or that may otherwise be charged by Company from time to time and as set forth on the website or the Services. Payment for Services will be paid via credit card or ACH directly to Company. Company reserves the right to increase fees at the end of each term without notice to Party. In the event of non-payment or late payment, Company reserves the right to suspend services until the full amount due is paid in full. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including Company’s attorneys’ fees. You will continue to be charged for amounts owed hereunder during any period of payment delinquency. Further, and without limiting any other rights or remedies available to Company hereunder or under applicable law, in the case of any payment default, Company, may, in its sole discretion, remove or delete any of your Member Content or other data that may be stored or maintained by you on the Services. Removal of such Member Content or data does not relieve you of your obligation to pay any outstanding charges assessed to your account. Company will not be obligated to restore any Member Content or other data removed from the Services for Members or other users who are in default.
Company charges a MangoRVTM Service Fee payable by Guest upon each Booking. The MangoRVTM Service Fee covers the use of the website and the Services by the Guest. The MangoRVTM Service Fee payable by Guest is calculated and assessed as a percentage of the Nightly Rate plus a percentage of the Roadside Assistance and additional guest fee, if applicable, but excluding applicable taxes.
For each Booking, the MangoRVTM Total Fee paid by Guest is calculated and assessed as a sum of Nightly Rate plus Roadside Assistance plus additional services plus MangoRVTM Service Fee plus applicable taxes plus refundable security deposit, subject to Section VII.F above.
Company charges separate MangoRVTM Provider Fees payable by Provider upon each Listing and upon each Booking. The MangoRVTM Provider Fees covers the use of the website and the Services by the Provider. The MangoRVTM Service Fee paid by Provider is calculated and assessed as a percentage of rates agreed between Provider and Guest in the Booking, specifically the Nightly Rate plus additional guest fee, if applicable, but excluding applicable taxes.
If you are a Provider, you understand and agree that you are responsible for determining your applicable Tax-reporting requirements in consultation with your tax advisors. Company does not offer tax, accounting, financial, legal, or any other professional advice to any users of the website or the Services. Additionally, except as otherwise provided in this section X, note that each Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in their Listing(s). In compliance with state and local tax laws, MangoRVTM may be required to collect and remit applicable taxes on behalf of Providers. A list of the Taxes collected by Company is provided on the website.
You acknowledge that COMPANY CANNOT AND DOES NOT CONTROL, EDIT, OR VERIFY ANY CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY RVS LISTED ON THE WEBSITE OR VIA THE SERVICES. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. ACCORDINGLY, ANY RV RENTALS MADE IN CONNECTION WITH THE WEBSITE OR SERVICES WILL BE MADE AT THE GUEST’S AND PROVIDER’S OWN RISK, WHICH SHALL BE ALLOCATED AS BETWEEN THEM AS THEY MAY DETERMINE WITHOUT REFERENCE TO COMPANY.
COMPANY IS NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM ANY MEMBER OR OTHER USERS OF THE SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES REMAINS WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY PROVIDERS OR GUESTS. YOU ACKNOWLEDGE THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR OTHER USERS OF THE WEBSITE OR THE SERVICES, OR TO INSPECT OR VISIT ANY RVS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OTHER USERS OF THE WEBSITE OR THE SERVICES. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO PROVIDERS AND GUESTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROVIDER, GUEST, OR OTHER THIRD PARTY. YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER OR OTHER USER.
The Website and the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. Company is not responsible for any delays, delivery failures or other damages resulting from such problems. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
COMPANY DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES, PURCHASING A LISTING, OR RENTING AN RV. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER.
FURTHER, COMPANY EXPRESSLY DISCLAIMS AND USER EXPRESSLY WAIVES ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
EXCEPT AS EXPRESSLY PROVIDED BELOW, COMPANY SHALL NOT BE LIABLE TO ANY USER OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST SUCH USER OR OTHER PERSON BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
You agree that monetary damages may not provide a sufficient remedy to Company for your violation of this Agreement. As such, in addition to the Arbitration provided in section XI.I you consent to Company obtaining injunctive or other equitable relief for any such violations in any court of competent jurisdiction.
IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WESITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “MangoRVTMGROUP”) FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS IN LAW AND FACT, AND ALL OF ITS PARENT, SUBSIDIARY, AND AFFILIATE ENTITIES (COLLECTIVELY, THE “MangoRVTM GROUP”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE MangoRVTM GROUP IN CONNECTION WITH EVERY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, YOUR DIRECT PAYMENT OF ALL ATTORNEYS’ FEES AND COSTS INCURRED BY MangoRVTM GROUP USING SUCH SINGLE OR MULTIPLE COUNSEL AS EACH COMPONENT OF MangoRVTM GROUP MAY SELECT IN ITS SOLE DISCRETION IN CONNECTION WITH SUCH DEFENSE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. MangoRVTM GROUP RESERVES THE RIGHT BUT NOT THE OBLIGATION TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
The text of this “Arbitration” section XI.I in effect on the date you last accepted the Agreement controls, and is not subject to Company’s general right to change the term of this Agreement without notice to you.
Any and all claims will be resolved by binding arbitration, rather than in court, except you may assert claims on an individual basis in small claims court if they qualify. This includes any claims you assert against any component of MangoRVTM Group, any Users or any entities or individuals offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted the terms of this Agreement regardless of whether prior versions of the Agreement required arbitration.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”) at AAA offices located in Bexar County, Texas. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration proceeding, you must send a letter by US Mail requesting arbitration and describing your claims to Company. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE CLAIMS. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS. Further, unless you and Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
Whenever possible, each provision of this agreement will be interpreted in a manner to be effective and valid under applicable law. If any provision is held to be prohibited or invalid under applicable law, that provision will be ineffective only to the extent of the prohibition or invalidity, without invalidating the remainder of this agreement.
The descriptive headings of this agreement are inserted for convenience only and do not constitute a part of this agreement.
All notices, demands, or other communications to be given or delivered under this Agreement will be in writing and will be delivered by email or by US Mail as follows:. Notice to Member shall be deemed effective if to the email address or street address provided by Member in registration for a username. Notice or demand to Company shall be in letter form, delivered by US Mail to the following address:
Dunia RV Operations, LLC
24165 Interstate 10 West
San Antonio, Texas, 78257
This Agreement, including the documents referred to in it, constitutes the entire Agreement between the Parties and supersedes any prior and / or contemporaneous negotiations, understandings, agreements or representations by or among the Parties, written or oral, made by one party to another that may have related in any way to the subject matter of this Agreement, including all statements and representations inducing any party into this Agreement. Every Party to this Agreement further disclaims reliance on any representation, of any kind or made at any time, by any other Party to this Agreement, or any Party's attorneys or agents, as an inducement to enter into this Agreement. Rather, every Party warrants that he, she or it has exercised due diligence in entering into this Agreement, after having the opportunity to review this Agreement with counsel of their choice.
The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent. Any reference to a federal, state, local or foreign statute or law will be deemed to also refer to all rules and regulations as promulgated, unless the context requires otherwise. Thus, use of the word "including" in this Agreement is intended by the parties to be by way of example rather than limitation.
The failure by Company to require performance of any provision shall not affect Company’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
The rights and obligations of the Parties shall be construed and enforced in accordance with, and governed by, the laws of the State of Texas without regard to that or any other state’s rules regarding conflict of laws. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning and not strictly for or against any of the Parties.
The venue for any claim or dispute in arbitration or claim for injunctive relief before a court of competent jurisdiction shall be in Bexar County, Texas.