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Terms of Use - ProStencil.com
IMPORTANT: THIS IS AN AGREEMENT BETWEEN YOU (“Advantage+Plus Subscriber”) AND VP Miller Enterprices
(“VPM”)
Thank you for purchasing a Advantage+Plus Subscription (“Subscription”) to ProStencil.com ("Application").
This Advantage+Plus Subscriber Agreement (“Agreement”) governs Advantage+Plus Subscriber's use of the Application.
By checking the “I Agree” checkbox, accessing, or using the Application or any part
thereof, you will be entering into, and will be bound by the terms of, this Agreement.
Please understand that this Agreement is a binding legal agreement between you (either
an individual or legal entity) and VPM. If you do not agree to all of the terms
in this Agreement, you should not check the “I Agree” checkbox and you should not
access, or use ProStencil.com or any part thereof.
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Term
The Application is available only through the purchase of a Subscription. Your Subscription
shall commence immediately upon VPM’s acceptance of Advantage+Plus Subscriber's order to purchase
that Subscription, which may precede the date on which Advantage+Plus Subscriber begin using the
Application. The initial term of Advantage+Plus Subscriber's Subscription (“Initial Term”) shall
be as agreed upon by Advantage+Plus Subscriber and VPM during Registration, but in no event less
than one (1) month in length.
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Automatic Renewal
By subscribing to the monthly ProStencil.com service, Advantage+Plus Subscriber authorize VPM to
bill Advantage+Plus Subscriber's credit card or bank account (whichever applies) for Advantage+Plus Subscriber's subscription
fee (actual amount may vary, depending on subscription package chosen) on a monthly
or annual basis. Your Subscription will renew automatically on a month-to-month
or year-to-year basis (“Renewal Term”). If Advantage+Plus Subscriber choose to terminate Advantage+Plus Subscriber's
Subscription, Advantage+Plus Subscriber must provide VPM with notice of termination at least ten
(10) days prior Advantage+Plus Subscriber's Renewal Term. Any such notice must be provided to VPM
by logging on to www.ProStencil.com or
by speaking with an VPM customer service representative at 800-850-9340 (or such
other number as specified by VPM from time to time). If Advantage+Plus Subscriber provide VPM with
the appropriate termination notice prior to the end of Advantage+Plus Subscriber's monthly Renewal
Term, Advantage+Plus Subscriber's Subscription shall continue only until the end of that Term, and
Advantage+Plus Subscriber shall be liable only for those fees, taxes, and other charges incurred
in connection with Advantage+Plus Subscriber's Subscription (collectively, “Subscription Fees”) that
accrue prior to such date.
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Billing Information
For purposes of billing, identification, and future communications, Advantage+Plus Subscriber must
provide VPM with all information requested by VPM at the time Advantage+Plus Subscriber submit Advantage+Plus Subscriber's
Subscription order. Without limitation, Advantage+Plus Subscriber must provide Advantage+Plus Subscriber's full legal
name, address, telephone number(s), email address, and applicable payment data (e.g.,
a credit card number and expiration date). Further, Advantage+Plus Subscriber most promptly provide
VPM with all updates necessary to keep such information accurate, current, and complete.
Advantage+Plus Subscriber represents and warrants that Advantage+Plus Subscriber is authorized to use said credit
card or bank account. Advantage+Plus Subscriber represents and warrants that Advantage+Plus Subscriber will comply
with all applicable bank and credit card rules. See Privacy Statement for disclosures
relating to VPM's collection and use of Advantage+Plus Subscriber's personal information.
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Subscription Fees
You agree to pay all Subscription Fees. Subscription Fees shall be as specified
by VPM from time to time in its sole discretion. VPM may establish or change Subscription
Fees for Renewal Terms by posting such fees on the websites located at
www.ProStencil.com (or on a sub-page that website), by posting a conspicuous
notice in the Application, by emailing Advantage+Plus Subscriber, or by otherwise notifying Advantage+Plus Subscriber
either orally or in writing in advance of the applicable Renewal Term. All Subscription
Fees will be billed to the credit card that Advantage+Plus Subscriber designate during Registration
(or such other credit card as Advantage+Plus Subscriber may designate from time to time). All monthly
Subscription Fees will be billed automatically to Advantage+Plus Subscriber's credit card at the
start of each such period during the Initial Term. For Renewal Terms, the monthly
Subscription Fees will be billed to Advantage+Plus Subscriber's credit card each month on the date
that corresponds with the anniversary date of Advantage+Plus Subscriber's Subscription. All Subscription
Fees shall become nonrefundable until the service is properly terminated. At VPM’s
discretion, past due Subscription Fees are subject to interest at the rate of 1.5%
per month, or the maximum permitted by law, whichever is less. You shall be responsible
for all expenses (including, without limitation, reasonable attorneys’ fees) incurred
by VPM in connection with the collection of any past due Subscription Fees. YOU,
NOT VPM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to Advantage+Plus Subscriber,
and Advantage+Plus Subscriber may not assign Advantage+Plus Subscriber's rights or obligations to anyone. If Advantage+Plus Subscriber
have a dispute, Advantage+Plus Subscriber must handle it with Advantage+Plus Subscriber's credit card company.
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Trial Offers and Special Offers
VPM reserves the right to discontinue or modify special promotional offers, if any,
at our discretion.
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User names and Passwords
You will be required to use Advantage+Plus Subscriber's email addess and choose a password for the
Application. You are solely responsible for maintaining the confidentiality of Advantage+Plus Subscriber's
password, and for all activities that occur under Advantage+Plus Subscriber's name and password.
You must notify VPM immediately if Advantage+Plus Subscriber become aware of any unauthorized
use of Advantage+Plus Subscriber's name or password, or if Advantage+Plus Subscriber become aware of any other breach
of security regarding the Application. VPM will not be liable for any loss or damage
that Advantage+Plus Subscriber may incur as a result of someone else using Advantage+Plus Subscriber's name or password,
either with or without Advantage+Plus Subscriber's knowledge.
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Internet Access; System Requirements
Use of the Application requires access to the Internet and an email address. Additionally,
use of the Application may require particular equipment, software, and/or telecommunications
services, and VPM may change those requirements from time to time in its sole discretion
and without prior notice. You are solely responsible for obtaining, configuring,
maintaining, and paying for all equipment, software, and telecommunications services
necessary for Advantage+Plus Subscriber to access the Internet and use of the Application.
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Classified Listing Service
By using the Application, Advantage+Plus Subscriber acknowledge that the Application is a listing
and information service that brings together recreational vehicle (rv) owners/dealers
and rv renters. Information about a particular vehicle is supplied by the Advantage+Plus Subscriber,
not by the ProStencil.com. The price and other terms of any rv rental remain subject
to direct negotiation between Advantage+Plus Subscriber and the rv renter. VPM cannot and does
not verify the information that Advantage+Plus Subscriber supply or guarantee the vehicles Advantage+Plus Subscriber's
offer.
VPM assumes no responsibility and in no way warrants the accuracy of the information
contained in any of the pages published on ProStencil.com. None of the information
contained in any ProStencil.com internet publication is confirmed or warranted in
any way.
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Disclaimer of Warranty
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VPM AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO
THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
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Limitation of Liability
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IN NO EVENT SHALL VPM BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Advantage+Plus Subscriber ACKNOWLEDGES AND AGREES THAT
THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE
SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT
APPLY REGARDING LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER
SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
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Indemnification
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You agree to indemnify, hold harmless and defend VPM, its shareholders, directors,
officers, employees and agents from and against any action, cause, claim, damage,
debt, demand or liability, including reasonable costs and attorney's fees, asserted
by any person, arising out of or relating to: (a) this Agreement; (b) Advantage+Plus Subscriber's
use of the Service, including any data or work transmitted or received by Advantage+Plus Subscriber;
and (c) any libelous, slanderous, indecent or other statement concerning any person
made or republished by Advantage+Plus Subscriber.
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Proprietary Rights
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All materials on this site, including vehicle information and photos, (as well as
the organization and layout of the site) are owned and copyrighted by VPM or its
suppliers and may be accessed, downloaded or printed for Advantage+Plus Subscriber's personal non-commercial
use only. Without the prior written permission of VPM or its suppliers, Advantage+Plus Subscriber
may not copy, distribute or transfer any material on this site, except for vehicle
information and photos, for in whole or in part.
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Changes to Site
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VPM and its suppliers may make improvements or changes in the information, services,
products, and other materials on this site, or terminate this site, at any time
without notice. VPM may modify this agreement at any time, and such modifications
shall be effective immediately upon posting of the modified agreement. Accordingly,
Advantage+Plus Subscriber agrees to review the agreement periodically, and Advantage+Plus Subscriber's continued access
or use of this site shall be deemed Advantage+Plus Subscriber's acceptance of the modified agreement.
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Miscellaneous
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This Agreement shall be governed by the laws of the United States of America and
the State of California. Exclusive jurisdiction and venue for all matters relating
to this Agreement shall be in courts and for a located in the State of California,
El Dorado County, and Advantage+Plus Subscriber consent to such jurisdiction and venue. Software
Carpenters Inc.'s failure to insist upon strict enforcement of any provision of
this agreement shall not be construed as a waiver of any provision or right.
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Links to Other Web Sites
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This site may include links to other Internet sites solely as a convenience to users.
VPM does not endorse any such sites or the information, material, products or services
contained on or accessible through the sites, and Advantage+Plus Subscriber access and use such sites,
including information, material, products and services therein, solely at Advantage+Plus Subscriber's
own risk.
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Non Solicitation
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VPM provides this Service to permit users the ability to review information about
rv rental vehicles around the world. You acknowledge that VPM has expended significant
time and money in collecting the Content contained within the Service. As a result,
the Service is provided to Advantage+Plus Subscriber for the sole purpose of rv rental inquiries.
Use of the Service and its Content for any other reason, including but not limited
to the solicitation of the VPM clients and advertisers, is strictly forbidden ("Non-Solicitation").
YOU ACKNOWLEDGE THAT VPM DAMAGES FOR YOUR FAILURE TO ADHERE TO THE NON-SOLICITATION
PROVISION SET FORTH HEREIN ARE DIFFICULT TO ASCERTAIN. AS A RESULT, YOU AGREE TO
PAY TO VPM, AN AMOUNT EQUAL TO ONE THOUSAND DOLLARS ($1,000) FOR EACH VIOLATION
OF THE NON-SOLICITATION PROVISION. This provision is intended to establish
liquidated damages and is not intended as a penalty. This liquidated damages provision
does not waive or alter any remedies available to VPM under this Agreement, at law
or in equity for Advantage+Plus Subscriber's default hereunder.
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Acceptable Use Policy
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You are solely responsible for any and all acts and omissions that occur under Advantage+Plus Subscriber's
account or password, and Advantage+Plus Subscriber agree not to engage in unacceptable use of the
Service, which includes, without limitation, use of the Service to:
- disseminate or transmit unsolicited messages or unsolicited commercial email;
- disseminate or transmit material that, to a reasonable person may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- disseminate or transmit files, graphics, software or other material that actually
or potentially infringes the copyright, trademark, patent, trade secret or other
intellectual property right of any person;
- create a false identity or to otherwise attempt to mislead any person as to the
identity or origin of any communication;
- export, re-export or permit downloading of any message or content in violation of
any export or import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses or exemptions;
- interfere, disrupt or attempt to gain unauthorized access to other accounts on the
Service or any other computer network;
- disseminate or transmit viruses, trojan horses or any other malicious code or program;
- engage in any other activity deemed by the Company to be in conflict with the spirit
or intent of this Agreement.
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