Brinkley RV Website Terms of Use

Last Modified October 19, 2022

Acceptance of Terms of Use

These Terms of Use (“Terms”) provide you and Brinkley RV, LLC with certain rights and obligations and govern your access and use of the Website (and any content, functions, or services offered through the Website. Additionally, the Website is governed by the Brinkley RV Privacy Policy (“Privacy Policy”) where we disclose how we may use information about you collected by the Website. The Privacy Policy is hereby incorporated by reference into these terms.

Please read these Terms and the Privacy Policy carefully. By using the Website, you agree to be bound by these Terms and the Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access the Website.

Changes to Terms of Use; Updates to the Website

We may revise and update these Terms from time to time at our sole discretion. Notification of changes to these Terms will be given by publishing a revised version of these Terms on the applicable service to which these Terms are maintained. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If you continue to use the Website after we post revised or updated Terms, then you will be deemed to have accepted and agreed to the changes. You should check this page from time to time, so you are aware of any changes, as they are binding on you. Your continued use of the Website after any modification(s) will be deemed your acceptance of these Terms as modified. If you do not agree to these Terms as modified, do not use the Website. Brinkley RV is not obligated to maintain the Website, or any data posted or otherwise uploaded to the Website, and we may alter or terminate the Website at any time.

We may, in our sole discretion, for any reason or no reason, with or without notice, change, modify, restrict, limit, discontinue, cancel, or terminate any feature or element of the Website. Changes may be made, for example, to develop and provide software updates, which may include upgrades, fix defects, improve security, and/or to add, modify, or remove features (collectively, including related documentation, “Updates”) or to correct any errors, inaccuracies, or omissions on the Website, which may relate to service descriptions, pricing, discounts, and other features or content included in or accessible through the Website. Promotional offers and prices (including discounts) are available for a limited time as specified on the Website. Prices, promotions, discounts, and availability are subject to change without prior notice.

You agree to allow us to remotely make software and firmware Updates in accordance with your device settings. To the extent we are unable to automatically provide Updates, you agree to promptly download and install all Updates and acknowledge and agree that certain features or functionality or portions thereof may not properly operate should you fail to do so. All Updates are subject to these Terms.

Use Limited to U.S. Residents 18 and Over

The Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Product Depictions

The depictions of recreational vehicles on the Website are for general information purposes only. Since we continually strive to improve product offerings on the Website, actual products may differ and prices, specifications, and features (including styling, colors, construction, equipment, and materials) are subject to change without notice. Product information, specifications, and photography on the Website may contain some features that are optional on your recreational vehicle. All capacities are approximate, and dimensions are nominal. Some features or options may be different or unavailable in Canada or other international markets. Recreational vehicle availability may be limited. Please check with an authorized Brinkley RV dealer for the latest information concerning any particular Brinkley RV product.

The Website may also contain images, videos, blog posts, and other resources which comment upon, depict, or express opinions concerning Brinkley RV products and their features, components, appliances, and the like. If provided, such content is intended for demonstrative or general informational use only and is intended only for use in conjunction with reading the applicable product Owner’s Manual(s). You should always rely first upon the applicable owner’s manuals and other official publications from Brinkley RV and/or the manufacturer of a particular component or appliance contained within our recreational vehicles.

The Website is not an offer to buy or sell recreational vehicles. Unless otherwise stated, any recreational vehicle pricing information displayed is in U.S. dollars and pertains only to recreational vehicles which 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 recreational vehicle you wish to purchase. Additional terms and conditions may apply.

There are several options for the recreational vehicle 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 recreational vehicle.

Dry weights are based on standard features; optional equipment is 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 the Website is intended as a guide only. The weights of individual vehicles may vary. Consult your owner’s manual for complete loading, weighing, and operating instructions.

Warranty Claims

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

Our Intellectual Property Rights

Website Content and License Grant

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) (the “Website Content”), are protected by applicable United States and other intellectual property laws and are owned by us or are used by us under a license or with permission.

Subject to these Terms, we grant to you a terminable, limited, non-exclusive, and non-transferable right (without the right to sub-license) to view, copy, print and use the Website Content for your own personal, non-commercial use only on a device that you own or control; provided, however, that: (1) you use the Website Content solely for informational and noncommercial use; (2) no Website Content is modified in any way; (3) no graphics available from the Website are used, copied or distributed separately from accompanying text or separate from any copyright, trademark or other proprietary notice; and (4) the Website Content is not used in any manner which is unlawful, which is likely to be misleading or to deceive, or which infringes on our rights or those of our affiliates or licensors or any third party. You may not publish, copy, distribute, modify, reproduce, or use the Website Content, in whole or in part, for any purpose not authorized by these Terms without our express written consent. This license may be terminated at our sole discretion, for any reason or no reason, with or without notice.

Individual works (documents, writings, photos, videos, and the like) made available on the Website may be subject to additional and different copyrights, trademarks, and/or licenses.

Trademarks

BRINKLEY RV®, BRINKLEY®, the BRINKLEY RV MARK, BRINKLEY RV ‘B’, the configuration and appearance of Brinkley RV recreational vehicles, product brand names and all other trademarks, trade dress, slogans and logos (collectively, “Marks”) appearing on the Website are owned or used pursuant to license by Brinkley RV and/or its affiliates. The unauthorized use of these Marks is strictly prohibited, and you agree that you will not use these Marks in any way that suggests affiliation with, sponsorship by, or approval by us without our express, written permission. Please contact our Marketing Department if you have questions regarding the Marks or if you wish to be considered for a license.

Rights Reserved

The Website is licensed, not sold, to you. No right, title, or interest in or to the Website, Website Content, or any Mark(s) is transferred to you, and all rights not expressly granted are reserved by us and you do not acquire any other rights with respect to the Website unless expressly granted in accordance with these Terms. Any use of the Website, Website Content, or any Mark(s) not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Website, Website Content, any Mark(s), and all worldwide intellectual property rights therein (including copyrights, trademarks, patents, database rights, and trade secrets) are owned by Brinkley RV, its licensors, or otherwise by their respective owners.

Open Source Software

The Website may contain or be used in connection with content or software subject to open source or free software licenses (“Open Source Software”). The Open Source Software is not subject to the terms and conditions of these Terms. Instead, Open Source Software is subject to the terms of the end-user license which accompanies such software. Nothing in these Terms limits your rights under, or grants you rights which supersede, the terms and conditions of any Open Source Software end user license which may apply.

Lawful Use of Website

You agree to use the Website only for its lawful intended purposes and in accordance with these Terms. You agree not to use the Website to:

Content You Submit, User Content, and Third-Party Content

The Website may permit you and third parties to upload, post, or otherwise submit information, comments, messages, other forms of text, images, video, and/or sound (collectively, “User Content”). You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Brinkley RV, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness.

Content Standards

You, and not Brinkley RV, are solely responsible for all User Content that you upload, post, email, transmit, or otherwise make available through the Website or any related services. User Content must comply with the below “Content Standards” and all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:

Grant of License; Ownership of Submissions

By submitting any User Content to or through the Website, you automatically grant Brinkley RV and its parents, service providers, and each of their and our respective licensees, successors, and assigns (collectively, “Licensees”) an irrevocable, perpetual, fully paid, worldwide exclusive license to use, copy, perform, display, distribute, transmit, publicly perform, or delete the information or content as Licensees see fit. You also agree, to the extent permitted by the United States and other applicable laws, that any unsolicited inquiries, ideas, inventions, or information submitted to Brinkley RV via the Website or other means shall be deemed to be the property of Brinkley RV. Brinkley RV 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 Brinkley RV.

Any User Content you provide on the Website will be considered non-confidential with the exception of personally identifying information submitted in connection with a request by the Website for such personally identifying information (for example, in connection with a request for product information, a newsletter request or a product registration) and which the Website, these Terms or the Privacy Policy indicate will be treated confidentially.

User Representations and Warranties

By providing any User Content on the Website, you represent and warrant that you own all rights in and to the User Content and have all rights and permissions necessary to grant the license granted above (including, but not limited to, the rights and permissions necessary to depict persons, trademarks, and other subjects depicted in the User Content). You further represent and warrant that any User Content you provide on the Website will comply with these Terms, including the User Content Standards above. Based on these representations and warranties, we presume you own any User Content you provide on the Website and that you have obtained the necessary rights and permissions referenced above.

Disclaimers Regarding User Content

We are not responsible, or liable to any third party, for the content or accuracy of any User Content provided by you or any other user of the Website. User Content does not reflect the opinions or policies of Brinkley RV. You agree to release Brinkley RV, 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 Content.

Brinkley RV reserves the right to prevent you from submitting content and to edit, restrict or remove User Content for any reason at any time. Brinkley RV is under no duty to preserve, maintain, or to continue to display any User Content and may terminate or suspend any Website service at any time without notice. You agree that Brinkley RV accepts no liability whatsoever if it determines to prevent User Content from being submitted or if it edits, restricts or removes User Content you submit.

Brinkley RV assumes no responsibility for actively monitoring for inappropriate User Content. If at any time Brinkley RV chooses, in its sole discretion, to monitor User Content, Brinkley RV nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. That said, if you believe any content on the Website infringes upon a copyright owned by you, please follow the procedure outlined for reporting copyright infringement herein.

Disclaimer Regarding Third-Party Content

The Website may contain content provided by third parties, including other users and Brinkley RV employees who are not acting in an official capacity as a representative of Brinkley RV. All statements and/or opinions expressed by a third party are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We disclaim any and all liability for any content provided by third parties via the Website.

Compliance with All Laws and Regulations

Brinkley RV is not responsible for your violation of any laws while using the Website. You must comply with all local, state, or federal laws regarding your use of the Website. The Website is void where prohibited.

Monitoring and Enforcement

We are not required to host, display, or distribute any User Content and we may refuse to accept or transmit User Content and may remove or delete User Content from the Website at any time. We do not undertake to review User Content before it is posted on the Website and have no obligation to review, monitor, delete, or edit the Website, including User Content. We cannot guarantee prompt removal of objectionable material after it has been posted.

However, you acknowledge, consent, and agree that we have the right to review, monitor, delete, or edit the Website, including User Content, at any time in our sole discretion, for any reason or no reason, with or without notice. You acknowledge, consent, and agree that we have the right, but not the obligation, to:

YOU WAIVE AND HOLD HARMLESS BRINKLEY RV AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement

Notices of Copyright Infringement

We will respond promptly to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting written notification to our designated Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Our designated Copyright Agent to receive DMCA Notices is the Brinkley RV Marketing Department at Info@BrinkleyRV.com or:

BRINKLEY RV, LLC.

ATTN: DMCA Agent / Marketing

1655 BRINKLEY WAY

GOSHEN, IN 46528

If you fail to comply with all the requirements, your DMCA Notice may not be effective.

Please be aware that if you knowingly or materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Accessing the Website and Account Security

We do not require payment to access the Website. However, Internet, data, connection, and other fees charged by your service providers may apply. You are responsible for making all arrangements and bearing all costs necessary for you to have access to the Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information and create an account (“Account”). When registering for your Account, you may be required to provide certain information about yourself as prompted. Please read our Privacy Policy for more information on how we collect and use your information.

It is a condition of your use of the Website that all information you provide to us via the Website, including but not limited to any contact information or registration information, is truthful, accurate, and up to date. You agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address. You agree that all information you provide via the Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We are not liable for any loss or damage arising from your failure to comply with these requirements. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out and exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Failure to protect your username, password and other credentials may allow others to access your personally identifiable information. We will never ask you for your password. We have final discretion in granting accounts and reserve the right to reject users without explanation. We further have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links to Third-Party Websites and Third-Party Log On Credentials

The Website may contain links (including links in advertisements and sponsored links) to other sites and resources provided by third parties, including third-party providers of Brinkley RV-related products, third-party informational materials, social media pages, forums, and dealer sites. Such sites are not maintained by Brinkley RV and are subject to different terms and conditions and privacy policies. These links are provided for your convenience only. We do not control the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We have no control over the manner in which such third parties gather or use information about you, and we accept no responsibility for such services or for any loss or damage that may arise from your use of such services.

Geographic Restrictions

The owner of the Website is based in the state of Indiana in the United States. We provide the Website for use only by persons located in the United States. We make no representations or warranties that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer Concerning Information Provided, Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INFORMATION ACCESSIBLE THROUGH THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. The Website is only acting as a repository of information. YOUR USE OR RELIANCE ON INFORMATION PROVIDED ON THE Website SHALL BE AT THE YOUR OWN RISK AND SOLE RESPONSIBILITY. NEITHER BRINKLEY RV NOR ANY PERSON ASSOCIATED WITH BRINKLEY RV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, VALIDITY, LEGAL STATUS, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER BRINKLEY RV NOR ANYONE ASSOCIATED WITH BRINKLEY RV REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BRINKLEY RV, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, AND OWNERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF BRINKLEY RV CONTENT, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

REPRESENTATIONS PUBLISHED WITHIN THE WEBSITE DO NOT CONSTITUTE AN EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT YOU MAY PURCHASE. YOU SHOULD VERIFY THAT A REPRESENTATION APPLIES TO THE PRODUCT THAT YOU MAY WISH TO PURCHASE BEFORE MAKING YOUR PURCHASING DECISION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRINKLEY RV, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SERVICE PROVIDERS, OR ITS AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE (INCLUDING ANY CONTENT PROVIDED ON THE WEBSITE BY YOU OR ANY THIRD PARTY), ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

By using the Website, you agree to defend, indemnify and hold harmless Brinkley RV, its parents, and its affiliates together with their respective employees, agents, directors, officers, and shareholders, from and against all liabilities, losses, claims, judgments, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Website; your failure to use the Website; your submission and/or use of User Content; your breach or alleged breach of these Terms of Use; and/or your violation or alleged violation of the patent, trademark, trade secret, copyright, likeness, right of privacy or publicity or other intellectual property or other rights of any other person(s). Brinkley RV reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such a case, you will agree to cooperate in Brinkley RV’s defense of the claim. This indemnification obligation will survive termination of these Terms and your use of the Website.

Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Brinkley RV. The views and opinions of authors expressed herein do not necessarily state or reflect those of Brinkley RV and shall not be used for advertising or product endorsement purposes.

Governing Law and Jurisdiction

The validity, interpretation, and performance of these Terms shall be governed by and construed in accordance with the internal laws of the State of Indiana 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, these Terms, the Privacy Policy, and/or the Website shall be instituted exclusively in the state courts of Elkhart County, Indiana, and/or the United States District Court for the Northern District of Indiana sitting in South Bend, Indiana, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Arbitration

In the event of a dispute between the parties (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination), Brinkley RV and you agree to submit the matter to final and binding arbitration before an arbitrator mutually acceptable to the parties located in the State of Indiana. If the parties are unable to agree upon an arbitrator, each party will select a qualified arbitrator and the two arbitrators selected will select a third arbitrator to serve as arbitrator of the dispute. While the arbitrator need not be an AAA-affiliated arbitrator, the arbitration procedure will be governed by the AAA Commercial Rules. The arbitrator shall enter a final and binding ruling as to the resolution of the dispute.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Brinkley RV of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Brinkley RV to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

If two or more provisions of these Terms are deemed to conflict with each other’s operation, Brinkley RV shall have the sole right to elect which provision remains in force.

Unauthorized Use or Access

The use of the Website may be monitored for security purposes. Any unauthorized access to the Website, any attempt to damage or interfere with the operations of the Website, or any attempt to undermine Brinkley RV’s legitimate business purposes is prohibited and is subject to criminal and civil penalties under the Federal Laws of The United States.

Electronic Communications

Communications between you and us use electronic means, whether we communicate with each other via the Website, social media, e-mail, or text message. For contractual purposes, you (1) consent to receive communications from us in an electronic form (including via email to the email address associated with your Account) and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you or posts on the Website satisfy any legal requirement that such communications would satisfy if they were in writing. We will only send you text messages when we have received your consent.

Although you can opt out of receiving promotional communications, we reserve the right to email you informational communications about your Account or administrative notices regarding the Website, as permitted under the CAN-SPAM Act. The foregoing does not affect your statutory rights.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, pandemics, epidemics, national emergencies, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Assignment

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.

Termination and Cancellation

We may terminate or suspend your Account and/or your access to all or part of the Website at our sole discretion for any or no reason, including without limitation, any violation of these Terms, with or without notice. If you wish to terminate these Terms, you are solely responsible for following proper termination procedures. Stop all use of the Website and permanently delete data procured from the Website that you have downloaded. We may, but are not obligated to, delete or destroy User Content you have posted at any time, including immediately upon termination of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation: ownership provisions; warranties you provide; disclaimers or limitations of warranties; obligations to defend, indemnify and hold harmless; limitations of liability; and the licenses, permissions, and releases you have granted to Brinkley RV.

Additional Terms

These Terms, the Privacy Policy, and any additional terms to which you agree when using particular services on the Website constitute the sole and entire agreement between you and Brinkley RV with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Questions, Comments, or Concerns

The Website is operated by Brinkley RV, LLC, 1655 BRINKLEY WAY, GOSHEN, IN 46528.

All notices of copyright infringement claims should be sent to the copyright agent as set forth above.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Info@BrinkleyRV.com.

Copyright © 2022 Brinkley RV. All Rights Reserved.