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|RV LIFE Terms of Service
These Terms of Service (the "Terms") govern your use of and access to the RV LIFE software application and all associated websites, features, plug-ins, and related software, systems and networks (collectively, the "Application"). By accessing or using this Application, you are agreeing to the Terms, which constitute a legally binding contract between you and RV LIFE, a Texas limited liability company ("RV LIFE"), the owner of Application. The terms "we," "us," "our," and "owner," refer to RV LIFE. The terms "you" and "your" refer to the user using or accessing the Application.
This Application is offered to you conditioned upon your acceptance without modification of the Terms set forth below. By accessing or using this Application in any manner, you agree to be bound by the Terms and represent that you have read and understood its provisions. Please read the Terms carefully, as they contain information concerning your legal rights and limitations on these rights. If you do not accept all of these terms and conditions, please do not access the Application.
By using the Application, you understand we may change or otherwise modify the Terms in the future, and you understand and agree that, without prior notice, once the amended Terms are posted on the Application, your continued access or use of this Application signifies your acceptance of the updated or modified Terms.
ACCOUNT CREATION AND MANAGEMENT
Eligibility.To access our Application, you must be an individual of eighteen ( 18 ) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms. By becoming a Registered User, you agree to: (1) abide by these Terms and the processes, procedures, and guidelines described throughout the Application; (2) be financially responsible for your use of the Application and access and use by any others; and (3) provide RV LIFE with and maintain accurate contact information, unless such obligations are prohibited by law or by the Terms.RV LIFE reserves the right, in its sole discretion, to refuse, suspend, or terminate these Terms and/or access to the Application to anyone.
Registration.To become a Registered User and to access the Application you must register for a user account ("Account"). You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Application, and to update this information to maintain its truthfulness, accuracy and completeness.
Accounts and Profiles.Once you have registered with the Application as a Registered User, the Application will create your Account with RV LIFE and associate it with an account number.
Password.During registration, you will be asked to choose a password ("Password") for the Account. As a Registered User, you agree and you are entirely responsible for safeguarding and maintaining the confidentiality of the password you use to access this Application. You authorize RV LIFE to assume that any person using the Application with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
With respect to your Password used to access this Application:
* You agree to use the Application solely for legitimate purposes.
* When registering for an account, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.
* You agree not to share your login information with any other person.
* You agree to immediately notify us of any unauthorized use of your account, login information, or the Application.
* You agree to assume and bear full responsibility for all risks arising out of the use of the Application by you and any other person using your login information.
Subscription for Premium Features. You may purchase a subscription to access premium features, services, or other benefits. The subscription is a pre-paid contract for a specified length of time selected by the users at the time of purchase (the "Subscription Term"). Subscriptions will automatically renew until canceled.
Taxes and Transaction Costs. All transaction costs connected with any such payments, including, without limitation, currency exchange fees and wire transfer fees, shall be borne exclusively by you. All amounts payable pursuant to these Terms are exclusive of any sales or goods taxes, value added tax, goods and services tax, or any and all similar taxes, all of which will be the sole responsibility of you.
Subscription Cancellation. If you cancel your subscription you will continue to have access to Pro features through the end of your Subscription Term. To avoid being charged for the next term, you must cancel at least a day before the end of your Subscription Term. No pro-rated payment for the current term will be refunded. You may cancel your subscription via the Application or mobile marketplace where you purchased the Services.
If you signed up for your subscription at RV LIFE Trip Wizard:
* Login to your account at https://tripwizard.rvlife.com/
* Click on your Profile icon in the top right corner
* Click on My RV LIFE Pro Subscription
* Set the Recurring Billing to "Off"
If you signed up for your subscription through the RV LIFE GPS app, you may cancel your subscription through your Apple App Store account or Google Play Store account where you purchased the Services.
Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time-based restrictions, lane restrictions, road blockades, traffic signs (including but not limited to low clearances, bridge weights, and tunnel restrictions), traffic lights, police instructions, etc.
Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send updates or to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose other than navigation while driving. Updates or non-verbal reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
Non-continuous updates. The information provided by the Service originates from a variety of sources, including other RVers, as well as updates from our Software. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. RV LIFE does not provide any warranties to such information’s credibility or reliability.
We do our very best to provide you with accurate information about RV parks, campgrounds, fuel stations and other points of interest (POI). It is impossible, however, to be completely accurate in every instance. Our data is regularly updated with current information as it becomes available to us.
All that said, campground affiliations change frequently and a park may choose to add or delete an affiliation. Usually, we’ll catch that when the company updates its list of member parks. Some, however, make that information difficult to obtain. Isn’t that weird?
We also may rely on third-party mapping services to provide you with the Services, and we rely on their accuracy as well. Therefore, when you use our service, you may find that actual locations and conditions differ from our data, so please exercise your independent judgment. You are responsible for your conduct and its consequences and you use our service at your own risk. It is imperative that you abide by the federal, state, and local laws and follow road signage over anything the Application may state. This information is provided to you "as is" and without representations or warranties of any kind.
As you travel around this great land, if you find that our information is incorrect, you can help all your fellow users and us by filling out our Missing Campground Form or Contact Us form. It is easy to do and it will automatically be emailed to us so that we can follow up on the information provided and enhance the service for you and your fellow users.
Warranty Disclaimer. The Application is provided to you "as is" and without representations or warranties of any kind. EXCEPT AS SET FORTH IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, RV LIFE DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION.
THE APPLICATION PROVIDED BY RV LIFE OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE MATERIALS ACCESSED VIA THE APPLICATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RV LIFE RESERVES THE RIGHT TO ALTER OR REMOVE APPLICATION CONTENT, OR SUSPEND OR TERMINATE YOUR USEIN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND RV LIFE WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
RV LIFE DOES NOT WARRANT THAT THE APPLICATION WILL BE AVAILABLE AT ALL TIMES, NOR THAT THERE WILL NEVER BE SERVICE INTERRUPTIONS. THE APPLICATION MAY BE TAKEN DOWN OR OTHERWISE UNAVAILABLE AT ANY TIME, WHETHER FOR ROUTINE MAINTENANCE, OR AS THE RESULT OF TECHNICAL ISSUES, OR OTHER REASONS. RV LIFE WILL USE REASONABLE EFFORTS TO COMMUNICATE ANY SCHEDULED DOWNTIMES AND TO RESTORE SERVICE AFTER UNPLANNED SERVICE INTERRUPTIONS.
PLEASE NOTE THAT THIS APPLICATION MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, RV LIFE DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS APPLICATION IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, RV LIFE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMAT ON OR ANY SITES LINKED TO THIS APPLICATION.
RV LIFE is not affiliated with any RV manufacturer or dealer. RV LIFE is not responsible for any effect the Application may have on your vehicle’s performance, resale value or warranty.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS RV LIFE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND ITS SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
The information, products, and services published on this Application may include inaccuracies or errors. RV LIFE does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information on the Application (including but not limited to descriptions of campgrounds, RV parks, points of interest, and any other travel products displayed on this Application). You agree, to the maximum extent permitted by law, that in no event shall RV LIFE or its officers, owners, agents, employees, directors, representatives, or affiliates be liable for:
* a. Any direct, indirect, punitive, exemplary, incidental, special, or consequential damages that may be incurred by you, however caused and under any theory of liability (including contract, tort, common law, or statutory damages); any loss of revenue or profit (whether incurred directly or indirectly); any loss of goodwill or business reputation; any loss of data; any cost to procure substitute goods or services; or any intangible loss; or
* b. Any loss or damage as a result of:
* Any reliance placed by you on the completeness, accuracy, or existence of any information, reviews, ratings, opinions, or other material appearing on the Application and/or its services (including but not limited to the existence, condition, availability, and location of RV parks, campgrounds, roadways, gas stations, and other points of interest as well as the existence, condition, and accuracy of any other information regarding routes of travel, road conditions, and other travel information provided by the Application or a third-party through the Application);
* Any changes that RV LIFE may make to the Application, or any permanent or temporary discontinuation of your access to or use of this Application, or any delay or inability to access or use this Application, (including, but not limited to, your reliance upon property location, route information, points of interest, and any other travel information or services provided by the Application);
* The deletion, corruption, or failure to store any content or other data maintained or transmitted through your use of the Application;
* Your failure to keep your password or account details secure and confidential.
Limitation of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL RV LIFE, ITS EMPLOYEES, OWNERS, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE APPLICATION OR THE TERMS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR TRAFFIC ACCIDENTS, VEHICLE DAMAGE, PHYSICAL OR ECONOMIC INJURY, LOST PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF DATA, COST OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM OR DATA, WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE REGARDLESS OF WHETHER RV LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If RV LIFE is found liable for any loss or damage that arises out of, or is in any way connected with, your use of the Application or its services, then its liability will in no event exceed, in the aggregate, the lesser of: (i)_ $500, or (ii) the amount of money you paid to RV LIFE as a membership fee for access to the Application.
Disclaimer of Reliance. You expressly acknowledge your understanding that the information and services provided to you through the Application may contain errors and inaccuracies, and you are not relying on any representations made by RV LIFE through its Application, services, and promotional materials. You further agree to conduct and solely rely upon your own investigation regarding the information and services provided to you by or through the Application (including, but not limited to, the existence, condition, availability, and location of RV parks, campgrounds, roadways, gas stations, and other points of interest as well as the existence, condition, and accuracy of any other information regarding routes of travel, road conditions, and other travel information provided by the Application or a third-party through the Application).
Allocation of Risk. The limitations of liability above reflect the allocation of risk between you and RV LIFE. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
This Application is a sponsored site created or supported by a company, organization or group of organizations. For questions about this Application, please contact firstname.lastname@example.org.
Disclosure of Material Connection: Some of the links in this Application are affiliate links. This means if you click on the link and purchase the item, the owner of this Application will receive an affiliate commission. Regardless, the owner of this Application only recommends products or services that will add value to the users. The owner of this Application is disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
This Application may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
The compensation received may influence the advertising content, topics or posts made in this Application. That content, advertising space or post may not always be identified as paid or sponsored content.
The owner(s) of this Application may be compensated to provide opinions on products, services, Applications and various other topics. Even though the owner(s) of this Application receives compensation for owner(s) posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Application are purely the author. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
This Application does not contain any content which might present a conflict of interest.
The owner of this Application does not authorize the harvesting, mining or collection of information from or through the Application or its services. It is prohibited to contact any member for any commercial reason without express written consent from RV LIFE.
The owner of this Application does not permit or authorize others to use its services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber email addresses. The owner of this Application does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any the owner service.
If the owner of this Application believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The operator of this Application may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any message that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send messages to, or through, this Application and/or services. Failure to enforce this policy in every instance does not amount to a waiver of rights of the owner of this Application.
Unauthorized use of this Application services in connection with the transmission of unsolicited messages, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Violators of the CAN SPAM Act may be subject to "cease and desist" orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
By posting content on the Application you warrant that you are the creator and owner of the posted content, or that you have obtained prior written consent to post said content from a third party owner. When posting content originating from any third party, you agree to conspicuously post the name of said third party adjacent to said posted content. By posting content on the Application, you also grant, and warrant that you have the authority to grant, RV LIFE a limited license to display, reproduce, modify, and use any text, image, video, music, or any other content that you post on the Application.
If we learn of harmful content or conduct, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
To provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving the Application and Services.
When you share, post, or upload content that is covered by intellectual property rights on or in connection with our Application, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
We have no obligation to review, monitor, delete, or edit the Services, including user Content. You acknowledge and agree that we have the right to do so at any time in our sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content.
We take copyright violations very seriously and will vigorously protect the rights of legal copyright owners.
If you are the copyright owner of content which appears on our Application, and you did not authorize the use of the content, you must notify us in writing in order for us to identify the allegedly infringing content and take action.
We will be unable to take any action if you do not provide us with the required information, so if you believe that your material for which you own the copyright has been infringed upon or violated, please provide our Copyright Agent, in writing, with the following information:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
* Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notice should be sent to our designated agent as follows:
Copyright Agent - Social Knowledge, LLC
181 Grand Avenue, Suite 212
Southlake, TX 76092
Email: support [ @ ] rvlife.com
The content and information on this Application (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Application. Additionally, you agree not to:
* Use this Application or its contents for any commercial purpose (including, without limitation, as part of a short-term RV rental business or travel planning or route planning service).
* Access, monitor, or copy any content or information of this Application using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.
* Violate the restrictions in any robot exclusion headers on this Application or bypass or circumvent other measures employed to prevent or limit access to this Application;
* Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
* Deep-link to any portion of this Application for any purpose without our express written permission; or
* "Frame", "mirror" or otherwise incorporate any part of this Application into any other website without our prior written authorization.
* Directory, or through third parties: (a) copy, except as expressly provided in these Terms, (b) modify or create derivative works of the Application and documentation, (c) reverse engineer, decompile, reverse translate or in any way derive any source code or trade secrets from the Application, or (d) merge or embed the Software into any other computer program.
Violators of prohibited activities may be subject to "cease and desist" orders or penalties of up to $25,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
SMS Notifications from RV LIFE
This service is used to send you notifications related to trips you create with the Application.
Fees. Message and data rates may apply.
Frequency. Message frequency varies.
SMS User Opt-Out. You can discontinue SMS service at any time. Just text "STOP" from your mobile device. After opting out, you may receive a confirmation that you have opted out and after that will not receive any additional messages.
SMS Help. To get help, reply "HELP" to any message you receive, or text "HELP".
Mobile Carriers Supported. The RV LIFE SMS service is available to most major cell phone carriers in the US and Canada. RV LIFE will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
Ownership. All right, title and interest in and to the Application and any and all copies thereof including without limitation, all copyright, trademark, trade secret, patent, and other proprietary rights therein, will, at all times, exclusively be owned by RV LIFE. Ownership of all data created by you or any users using the Application during the term of your license (the "Data") will, at all times, be exclusively owned by you, but RV LIFE is hereby granted a royalty-free, non-exclusive license in and to all such Data.
Term and Termination. The term of these Terms will commence on the date you are permitted access to the Application and will until terminated by the terms of your subscription, unless otherwise terminated by mutual written agreement or as otherwise provided herein. RV LIFE can immediately terminate your license and prohibit access to the Application if you violate these Terms.
Effect of Termination. Those provisions that are intended to survive termination or expiration of these Terms will so survive. Unless otherwise agreed in writing, upon suspension or termination of the license for any reason, your ability to use the Application will cease. In addition to the inability to access the Application, you will have no access to the Data you may have stored within the Application. Except as provided herein, you will not have access to the Application or Data following termination. You understand and agree that termination of your license to any Application may result in the loss of your Data, that your user-submitted content may remain available for viewing after termination, and that RV LIFE is not responsible, in any way, for any such Data loss.
General Legal Terms
Account Management. You will be required to establish an account in order to use the Application and/or take advantage of certain features. You agree to provide accurate and complete information about yourself. Your account is meant to be personal (i.e., one per family) and you shall not share accounts for any reason. Your account is not to be used for commercial purposes.
Notices. RV LIFE may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Application.
Assignment. RV LIFE may assign any part of this agreement without your written consent. Except as otherwise provided herein, you may not assign any of your rights under these Terms to any third party without the express written consent of RV LIFE. Any attempted assignment in violation of the foregoing will be void and of no effect. Subject to the above, these Terms will be binding upon and inure to the benefit of your permitted successors and assigns. HOWEVER, RV LIFE HAS NO OBLIGATIONS OR LIABILITY TO ANY SUCH NEW OWNER, AND YOU WILL INDEMNIFY AND HOLD RV LIFE HARMLESS FOR ANY SUCH CLAIMS, EXPENSES OR DAMAGES.
Application Features. RV LIFE reserves the right at any time in our sole discretion to modify or discontinue the Application, modify or discontinue any information or other content or features of the Application, or terminate your Password and Account and your use of the Application, for any reason or no reason.
Advertisements. If any advertisement for a product or service provided by anyone other than RV LIFE appears on the Application, RV LIFE does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
No Waiver. RV LIFE will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if RV LIFE expressly states in a writing signed by an authorized representative that RV LIFE is waiving a specified Term.
Entire Agreement. These terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
Severability. If any term (or part of a term) of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.
Governing Law. The validity, interpretation and enforceability of these Terms shall be governed by the exclusive jurisdiction and laws of the State of Texas without regard to any conflicts of law principles. Any dispute relating to these Terms or the Application will be resolved solely by courts of competent subject matter jurisdiction located in Dallas County, Texas, and you hereby agree to the personal jurisdiction of such courts.
Relationship. These Terms do not create any joint venture, partnership or other fiduciary relationship between the parties.
EXPORT CONTROL. Any tools, information, documents, or other data or materials (collectively, "Materials") available from or through the use of the Application are or may be subject to United States export controls. No such Materials may be downloaded, accessed or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods or other sanctions; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or other similar list (each, a "Restricted List"). By using or downloading any Materials, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.