Terms and Conditions of Use

Copyright 2012 - 2024 Simmons Venture Group, LLC All Rights Reserved

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE

The following Terms and Conditions of Use (these "Terms of Use") are applicable to the Simmons Venture Group, LLC network of Web sites. Hereafter in this documentation, Simmons Venture Group, LLC and its affiliates, partners, representatives, employees, and contractors will be referred to as "SVG." Certain services of this site are provided to you in conjunction with our service providers, and their content providers, business partners, and other parties (collectively, "Service Providers").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use (including the Privacy Policy) will constitute your acceptance to such changes.

USE OF CONTENT

This site contains material, such as software, text, graphics, images, video, audio and other material (collectively, "Content"). The Content may be owned by us or may be provided through arrangements we have with others, including other users of the site, our Service Providers and their respective partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.

This site is owned and operated by SVG. No Content from any SVG web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of SVG, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SVG's copyright and other proprietary rights and may be subject to civil and/or criminal penalties. If you violate any part of these Terms of Use, your permission to access and/or use the Content and site automatically terminates and you must immediately destroy any copies you have made of the Content.

The site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized by SVG. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in SVG's sole judgment, degrades the reliability, speed, or operation of the site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.

PUBLIC FORUMS, COMMUNICATION AND USER CONTENT

"Public Forum" means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of any SVG Web site. The SVG Web sites may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site ("User Content") and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of SVG's or its Service Provider's posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of SVG and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by SVG including, but not limited to any so-called "expert", "moderator", "blog-editor" or other individual functioning in a similar capacity. SVG reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.

SVG is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. SVG reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.

By communication in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) SVG and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both SVG and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other web sites that make use of services provided by SVG's Service Providers. You warrant that all so-called "moral rights" in those materials have been waived.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

SVG DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.

THIRD PARTY PRODUCTS, ADVICE AND SERVICES

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the Site. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.

We are not involved in any actual transaction between any Site user (including any so-called "expert", "moderator", "blog-editor" or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any Site user and third party relating to or arising out of any transaction between such parties. We urge Site users and third parties to cooperate with one another to resolve any such disputes.

DISCLAIMERS

Merchant and service availability, price and time-related information appearing on the SVG Web sites are subject to change. SVG is not responsible for any such changes and advises you to confirm all specific terms appearing on the SVG Web sites before acting in reliance on such terms.

Third-party products and services represented on any SVG Web site are not necessarily endorsed or recommended by SVG and SVG disclaims all responsibility regarding the performance or the use of third-party products and services.

SVG does not necessarily endorse or sanction the content, products or actions of Web sites that are linked to or from SVG Web sites.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SVG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SVG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SVG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SVG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify and hold SVG (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SVG BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SVG OR AN SVG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SVG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

TRADEMARKS

Simmons Venture Group, LLC, Golf Card International, Passport America, and Freedom Resorts and Recreation represent a partial list of trademarks associated with SVG which are protected by law. Other trademarks not listed here, but which are associated with SVG, are protected by law as well. Duplication, tampering or unauthorized use in any way of any SVG trademarks is prohibited and offenders may be subject to fines and civil and/or criminal prosecution.

MISCELLANEOUS

By using our web site you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age.

Note that by joining Golf Card International and/or other SVG-sponsored membership clubs, you agree and acknowledge that we may recognize your membership among our affiliated companies and on our web sites. For example, if you are a member of Golf Card International and have also joined the RV.Net forum, we will indicate that you are a Golf Card International member by displaying a "Good Sam" icon by your user name whenever you post content to an RV.Net forum. If you would like to remove the Golf Card International icon in relation to your forum posts, you may do so in your forum account in the "My Profile" section.

These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Okaloosa County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

The above terms and policies may be subject to change; the result of any change will be reflected on these pages.