SylvanSport Website – Terms of Use

Please read these Terms of Use carefully before using the SylvanSport Website.

LAST UPDATED: August 24, 2016

1. Introduction

Welcome to the SylvanSport website (the “Website”). The Website is owned and operated by SylvanSport, LLC (“SylvanSport,” “we,” “us,” “our”).

This page contains the Terms of Use for the Website (“Terms of Use”), which govern your use of the Website. By using the Website, you acknowledge that you understand the terms and conditions set out here and that you agree to comply with these Terms of Use. If you are not able to accept and abide by these Terms of Use, please do not use the Website.

This Website is not intended to be a means of submitting warranty claims or requests for repair. Claims or requests for repair should be sent should be sent to your local dealer.

2. Changes to Terms of Use

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. When we make changes to the Terms of Use that we consider material, we will notify you by email or within the Website. Your continued use of the Website following the posting of changes to these terms will mean you accept the changes to the Terms of Use.

3. Privacy

Please read our Privacy Policy for information on how SylvanSport collects, uses and discloses information gathered by this Website. The Privacy Policy is incorporated into these Terms of Service as a material term.

Website user registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States; if you reside outside of the United States, by using the Website, you consent and agree to the transfer of your information outside of your country to the United States, which may have different data protection rules than your country.

The Website is marketed for and directed towards adults over eighteen (18) years of age, and we do not knowingly collect or solicit personal information from anyone under the age of 18.

4. SylvanSport GO® campers

The depictions of SylvanSport GO campers on this Website are for general information purposes only as to the SylvanSport GO campers manufactured by SylvanSport during the current model year. Since we continually strive to improve our products, actual products may differ and prices and specifications are subject to change without notice. Product information, specifications, and photography in this Website may contain some features that are optional on your SylvanSport GO camper. All capacities are approximate and dimensions are nominal. Some features or options may be different or unavailable in Canada or other international markets. SylvanSport GO camper availability may be limited.

Unless otherwise stated, any SylvanSport GO camper pricing information displayed is in U.S. dollars and pertains only to SylvanSport GO campers that may be offered for sale in the U.S. The pricing information typically reflects MSRP and may change without notice and may vary from region to region and dealer to dealer. Pricing information does not reflect additional options unless expressly stated. Pricing information does not reflect other applicable charges, fees and taxes. Please contact your dealer for the actual price of any SylvanSport GO camper you wish to purchase. Additional terms and conditions may apply.

There are a number of options for the SylvanSport GO camper owner. Along with these choices comes the responsibility to manage the loads that are imposed by the choices so that they remain within the specified chassis weight limits. Do not overload the SylvanSport GO camper.

You should obtain your tow vehicle’s towing and gross vehicle weight capacities from the appropriate manufacturer before purchasing or towing a SylvanSport trailer.  SylvanSport makes no warranties or representations, express or implied, as to the performance of your tow vehicle with any SylvanSport trailer or as to whether the combination of your tow vehicle and trailer exceeds the towing and gross vehicle weight capacities specified by your tow vehicle’s manufacturer.  You are solely responsible for the selection, operation, and proper use of your tow vehicle and trailer, and SylvanSport specifically disclaims any liability or damages suffered as a result of or in connection with the selection, operation, use or misuse of a tow vehicle.

Dry weights are based on standard features; optional equipment not included. Net carrying capacity (NCC) is determined by subtracting unloaded vehicle weight (UVW) from gross vehicle weight (GVWR) and does not include fluids, options, and cargo.

Warning: Any information provided on this Website is intended as a guide only, and weights of SylvanSport GO campers may vary. Consult your owner’s manual for complete loading, weighing, and towing instructions.

5. Products Offered For Sale

SylvanSport GO campers and other products for sale on the Website may be subject to additional terms and conditions. We attempt to be as accurate possible when describing a product. However, we do not warrant that product descriptions or any other Website content are accurate, complete, reliable, current, or error-free. If a product offered by SylvanSport is not as described, your sole remedy is to return it in unused condition.

6. Website Content; Copyright And Trademark; Reporting Infringement

Unless otherwise noted, all materials, including, but not limited to, videos and audio files, articles, images, illustrations, photographs, text, graphics, images, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property that are part of or otherwise available through the Website (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by SylvanSport, or our licensors, advertisers or the party credited as the provider of the Content, and are subject to all additional copyright notices, information or restrictions contained in any Content accessed through the Website.

No Content from the Website may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, where specifically permitted by us, you may share and/or post portions of the Content on social media through the sharing capabilities available through the Website. Copying or storing of any Content for any uses whatsoever is otherwise expressly prohibited without prior permission from us, or the copyright holder identified in the copyright notice contained in the Content. You agree not to rearrange or modify the Content, and you may not create abstracts from, scrape or display our Content for use on another website or service.

We reserve the right to remove, edit, revise, substitute or replace any Content from the Website at any time without notice.

Unless otherwise noted, all trademarks, service marks, product brand names and trade names (including, without limitation, SYLVANSPORT®, GO®, GO EASY®, and MR. STOW IT ALL®) are proprietary to, and trademarks and service marks of, SylvanSport. In addition, the configuration and appearance of the GO® campers, and all other trademarks and logos appearing on this Website are owned or used pursuant to license by SylvanSport and/or its affiliates. The unauthorized use of these trademarks and logos is strictly prohibited, and you agree that you will not use these trademarks or logos in any way that suggests affiliation with, sponsorship by, or approval by SylvanSport without its express, written permission. If you have questions regarding SylvanSport trademarks, or licensing information, please contact us.        

If you believe that any material contained in this Website infringes your copyright, please immediately notify SylvanSport in writing. Your notice should include an identification of the material you claim to be infringing; information reasonably sufficient to allow SylvanSport to locate the material; an identification of the copyrighted work you contend has been infringed upon (or a representative list if there are multiple works); sufficient information to allow SylvanSport to contact you (including your name, address, telephone number and email address); a statement indicating that you possess a good faith belief that the use of the material in the manner complained about is not authorized by the law or you; and your physical or electronic signature. If someone submits the notice on your behalf, the notice must contain a statement, given under penalty of perjury, that the submitter is authorized to act on your behalf.

7. Use Of the Website; Posting Information

You may only use this Website for legitimate and lawful purposes. You are welcome to post, transmit or submit messages and other content to areas of the Website that invite content submissions, provided that your use and submissions do not violate these Terms of Service.

By using this Website, you agree that: (a) you will use the Website only for lawful and legitimate purposes and you will not post, transmit, link to, or otherwise distribute any information that constitutes or encourages conduct that would be a criminal offense, which would give rise to civil liability or which would otherwise be contrary to law; (b) you will not use the Website in any way which would act to restrict or inhibit any other user from using or enjoying the Website; (c) you will not post, transmit, link to or otherwise distribute any content or make any comment which is unlawful, threatening, harassing, obscene, vulgar, pornographic, profane, indecent or which otherwise violates the rights of others (including any right to privacy or publicity); (d) you will not make any speculation or false or fraudulent representations; (e) you will not violate or infringe upon the property rights (including trademark, trade secret, and copyright) of any other person; (f) you will not post, transmit, link to, or otherwise distribute any information or software which contains any harmful, malicious or disruptive component (including, but not limited to, any virus, Trojan horse, cancel-bot, or worm); (g) you will not  upload, post, publish, transmit, link to, or otherwise reproduce any content or materials obtained via the Website (or any derivative work thereof) which is protected by copyright or any other intellectual property right without first obtaining written permission from the right holder; (h) you will not impersonate or false represent association with another user; and (i) you will not reproduce, sell, resell or otherwise exploit the Website for any commercial purpose. By submitting any content, you represent that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner.

By submitting any information or content to or through the Website, you automatically grant SylvanSport an irrevocable, perpetual, fully paid, worldwide exclusive license to use, copy, perform, display, distribute, transmit, publicly perform, or delete the information or content as we see fit. You also agree, to the extent permitted by United States and North Carolina law, that any unsolicited inquiries, ideas, inventions, or information submitted to SylvanSport via this Website or other means shall be deemed to be the property of SylvanSport. SylvanSport does not undertake to refrain from any particular use of submissions or to compensate any person for the use of submissions, and advises those who would submit any idea, plan, prototype, text, illustration or other material for the purpose of receiving credit or compensation to submit such material only through channels authorized by SylvanSport.

We make no warranties, express or implied, as to the content of any user-submitted content or the accuracy and reliability of any such content. You agree to release SylvanSport, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of any user-submitted content. We do not assume any responsibility for content submitted by users of this Website, and SylvanSport does not endorse any content submitted by users of this Website. Content posted by users of this Website does not reflect the opinions or policies of SylvanSport.

We reserve the right to prevent you from submitting content and to edit, restrict or remove such content for any reason at any time. SylvanSport is under no duty to preserve, maintain, or to continue to display any user-submitted content and may terminate or suspend any Website service at any time without notice. You agree that SylvanSport accepts no liability whatsoever if it determines to prevent your content from being submitted or if it edits, restricts or removes your content.

SylvanSport assumes no responsibility for actively monitoring for inappropriate content. If at any time SylvanSport chooses, in its sole discretion, to monitor user-submitted content, SylvanSport nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content.

If you submit messages, you agree to strictly limit yourself to discussions about the subject matter for which they are intended. We may provide, via the Website, the ability for users to send messages to one another. Should we provide such a service, we do not warrant or guarantee the security and privacy of any material submitted by you or to you in such messages. This Website may also contain services or features which allow you to post your personal information and information about SylvanSport products you own (including content, photos and other media, about your SylvanSport GO camper). Should you choose to post information on the Website, SylvanSport may require you to agree to additional terms and conditions before posting.

8. Links to other Websites and Third Party Advertising

We may link to, or promote, websites or services from other companies. Any such link is provided solely for the convenience of you as a user and is not intended to suggest an affiliation, between SylvanSport and the third party or an endorsement or sponsorship of the third party by SylvanSport. Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not necessarily constitute or imply an endorsement, recommendation, or favoring by SylvanSport.

The content and terms of service of any third party websites is the sole responsibility of the third party. SylvanSport does not certify, endorse or otherwise check the accuracy of third party websites. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, Website users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SylvanSport.

By clicking on a link to a third party website, you agree that SylvanSport and its affiliates have no responsibility or control for any material contained on any third party website, and we expressly disclaim all liability for any communications directed to you from any third party directly or indirectly in connection with the Website. We also have no responsibility for any third party advertisements appearing on the Website, nor is SylvanSport responsible for any goods or services promoted or sold by such advertisers.

9. Indemnification

By using this Website, you agree to defend, indemnify and hold harmless SylvanSport, its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Website; your failure to use this Website; your breach or alleged breach of these Terms of Service; and/or your breach or alleged breach of the copyright, trademark, intellectual property proprietary or other rights of third parties. SylvanSport reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you will agree to cooperate in SylvanSport’s defense of the claim.

10. Disclaimer Of Liabilities And Warranties

The Content contained on this Website has been prepared by SylvanSport as a service to viewers and is for informational purposes only. While SylvanSport attempts to provide an error-free user experience, this Website may contain technical or typographical errors that impair the performance of the Website. While we have used reasonable efforts in collecting, preparing and providing quality information and material, we do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Website. The Website may also be unavailable from time to time. You agree that you use this Website and rely on material contained in this Website at your own risk.

You agree that your access to, and use of, the Website and the Content available through the Website is on an “as-is,” “as available” basis, and SylvanSport and its subsidiaries and affiliates and their respective shareholders, directors, officers, employees, advertisers, content providers and licensors (the “SylvanSport Parties”) specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose or that the Website is free from viruses or other harmful components. The SylvanSport Parties do not guarantee the continuous, uninterrupted or secure access to the Website or any related services. The operation of the Website may be interfered with by numerous factors outside the control of the SylvanSport Parties.

You acknowledge the SylvanSport Parties assume no liability or responsibility for: (a) content posted by users or other third parties; (b) personal injury or property damage resulting from your use of and access to the website; (c) any unauthorized access to or use of SylvanSport’s servers or personal information stored thereon; (d) errors or inaccuracies in content; (e) any viruses, worms, malware or other malicious code which may be transmitted to or through the Website by any third party; (f) for the theft, destruction, damage or unauthorized access to your computer system or network; or (g) for any defamatory, offensive or illegal conduct or material found in connection with this Website, including such conduct or material transmitted by any means by any other person.

The SylvanSport Parties make no representations or warranties with respect to any content linked to this website, and do not warrant, sponsor, endorse, certify or guarantee any goods or services advertised by any third party through this Website, through any link from or to this Website, or appearing in any other form associated with this Website (such as a banner ad).

The SylvanSport Parties will not be liable (jointly or severally) to you or any other person as a result of your access or use or nonuse of the Website for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues, whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the SylvanSport Parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the SylvanSport Parties’ liability will be limited to the fullest possible extent permitted by applicable law.

11. Governing Law and Jurisdiction; General Provisions

The Website is controlled and operated by SylvanSport from its offices within the State of North Carolina, United States of America, and our provision of the Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. You agree that these Terms of Use, as well as any dispute, claim or cause of action arising out of or in connection with these Terms of Use and/or your use of the Website (including disputes arising from our use of personal information or otherwise relating to privacy, as specified in our Privacy Policy), (i) shall be governed by the laws of the State of North Carolina, United States of America, without regard to any conflict or choice of law principles, and (ii) shall be filed only in the state or federal courts for Transylvania County, North Carolina, United States of America, and you consent and submit to the sole and exclusive personal jurisdiction of such courts for the purposes of litigating any such action. Regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to these Terms of Use and/or your use of the Website must be filed within one (1) year of the date the cause of action arose, or be barred as untimely.

You agree not to use the Website for any unlawful purpose. The use of this Website may be monitored for security purposes. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of these Terms of Use. We may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations of these Terms of Use, and we will not be liable for any damages of any nature suffered by any user or any third party resulting in whole or in part from our exercise of our rights hereunder.

To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, the Terms of Use will take precedence. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms of Use contain the entire agreement between us relating to your subscription and your use of the Website, and shall not be modified except as provided herein.

Please see our Privacy Policy for more information regarding our use of your personal information and information regarding our limited use of cookies on the Website.

12. Contact Information

If you have any question regarding the Website or these Terms of Use, please contact us via email at mailto:info@sylvansport.com, or via mail at SylvanSport, SylvanSport Privacy Policy, 235 Commerce St., Brevard, NC 28712.

 

Copyright © 2016 SylvanSport, LLC. All Rights Reserved.