FAMILY MOTOR COACH ASSOCIATION, INC. (FMCA)
Copyright 2019 Family Motor Coach Association, Inc. All Rights Reserved
By using this site, the FMCA RV Marketplace or the FMCA App (the Site, FMCA Marketplace and the App collectively referred to herein as the “Site”), you signify your assent to these policies and Terms. If you do not agree to these policies and Terms, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these policies and Terms at any time. Your continued use of this site following the posting of changes to these policies and Terms will mean you accept those changes.
FMCA and other marks indicated on our Site are registered trademarks of FMCA in the United States and/or other countries. Other FMCA marks, graphics, logos, page headers, button icons, scripts noted on the Site are FMCA's service marks, trademarks and trade dress and are the sole and exclusive property of FMCA. FMCA's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among members or customers, in any manner that disparages or discredits FMCA and in connection with any service or product that is not sponsored, endorsed or produced by FMCA. All other trademarks not owned by FMCA or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FMCA or its subsidiaries.
Ⅱ. USE OF MATERIALS
This Site is owned and operated by FMCA. No material from any FMCA Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of FMCA, 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 FMCA's copyright and other proprietary rights and may be subject to civil and/or criminal penalties.
Use of Content on the Site
You may view, download, and print contents from this Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by FMCA. This permission granted hereunder is revocable by FMCA at any time.
Public forums are any chat area(s), bulletin board(s), listserv(s), or any other e-mail function(s) offered as part of the Site. Remember that any information that is disclosed in these areas become public information and you should exercise caution when deciding to disclose your personal information. You shall not upload to, distribute through, or otherwise publish through any the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Information, views and opinions expressed in public forums are the views of the person posting the message, do not necessarily reflect the views of FMCA and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by FMCA. FMCA reserves the right, in its absolute and sole discretion, 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.
FMCA is not responsible for any unsolicited e-mail you may receive as a result of participating in any public forum. FMCA 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 materials, communications, or other information that you have provided, transmitted or sent to the public forum. By uploading materials to any public forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, 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, you warrant that all so-called "moral rights" in those materials have been waived. FMCA 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. Use of the public forums is for members only and subject to FMCA’s policy manuals, as agreed to by each user of this Site. More specific rules governing members’ use of the public forums is set forth in the policy manuals, the provisions of which are incorporated herein by reference and considered a part of these Terms.
Digital Millennium Copyright Act Notice
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This Site, including all text, HTML, scripts, and images are copyrighted and owned by FMCA. All rights reserved.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
The owner of this Site and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this Site will block access to the allegedly infringing material. The Site owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the Site owner and/or the ISP.
Please send DMCA notifications of claimed copyright infringement to the Copyright Agent at the address provided in these Terms.
To file a notice of infringement with either the Site owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the Site or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the Site owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
If a notice of copyright infringement has been filed with FMCA and/or the ISP against you, FMCA and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with FMCA and/or the ISP. If FMCA and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
FMCA and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless FMCA and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
FMCA is the sole owner of the information collected on this Site. We do not sell your name or other private profile information to third parties, and do not intend to do so in the future.
We do not sell or rent our customers' information to any outside company or organization.
FMCA employs state-of-the-art firewalls and other measures to protect the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
If you are a member of FMCA, we will provide you with the means to view and edit your personal information to ensure that it is correct and current.
FMCA collects information from our users at several different points on our Site. We limit the information collected about you to what is needed for conducting business and offering products and services that might be of interest to you. We collect information about your visits including service provider, browser type, and pages accessed on our Site to optimize your user experience and enhance your time spent with us online. We also receive information telling us what site you came from.
To ensure we are publishing content customers need and want, FMCA collects aggregated site-visitation statistics using cookies. When someone visits the Site, a cookie is placed on the customer’s machine (if the customer accepts cookies) or is read if the customer has visited the Site previously. We aggregate all usage information, which means we do not track individuals' use of the Site. We never share tracking information outside of FMCA, and do not allow other companies to place cookies on our sites.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our Site. Once the user closes their browser, the cookie simply terminates. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Site.
Most Web browsers automatically accept cookies, but if you choose not to accept cookies or provide personal information, you can still use most of the FMCA Site, but you will not be able to access areas that require cookies.
When you send us an e-mail message, we will retain the content of the e-mail, your e-mail address, and our response in order to handle any follow-up questions you may have. We also use it to measure how effectively we address your concerns. E-mail messages sent to the Site may not be secure. You are strongly discouraged from sending confidential information by e-mail. If you choose to do so, you accept the risk that a third party may intercept e-mail messages.
Correction/Updating Personal Information
If a visitor/member’s personally identifiable information changes, or if our service(s) are no longer desired, we will endeavor to provide a way to correct, update or remove that personal data provided to us.
FMCA does not knowingly solicit or collect information from children under 13 years of age. FMCA requires children over the age of 18 to consult with their parents before furnishing any data to us. Children under the age of 18, or any person who is a minor in their applicable jurisdiction, may use the Site only with the active involvement of a parent or legal guardian. If the user of this Site is a minor, FMCA requests that such minor not provide personal information to FMCA or on this Site. We believe that parents should supervise their children's online activities and consider using one of the prepackaged parental control tools available to provide a child-friendly environment. These tools can also prevent children from disclosing personal information without parental consent. If a child has provided us with personally-identifiable information without parental or guardian consent, the parent or guardian should e-mail us to remove the information and unsubscribe them immediately. Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet. FMCA supports and complies with the Child Online Protection Act. For additional information regarding children's online privacy, please consult the "Consumer Protection" page.
Special Offers and/or Site/Service Updates
We send all new members a welcoming e-mail to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications.
Site and Service Updates
We also send the user Site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via mail, phone, or e-mail.
This Site contains links to other sites. Please be aware that we, FMCA, are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
Links to this Site must not damage, dilute or tarnish the goodwill associated with FMCA, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with FMCA — unless you are an official FMCA chapter or area association. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you "frame" this Site or alter its intellectual property or content in any way. FMCA is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Site may be linked or from which this Site may be accessed.
Surveys & Contests
From time-to-time our Site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Site. Survey and Contest rules will be provided separately for each contest. A violation of the survey’s or contest’s rules constitutes a violation of the Terms.
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and e-mail address. FMCA will automatically send the friend a one-time e-mail inviting them to visit the Site. FMCA stores this information for the sole purpose of sending this one-time e-mail. The friend may contact FMCA at www.fmca.com to request the removal of this information from their database.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND FMCA, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FMCA AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY FMCA ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. FMCA DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND FMCA. FMCA, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF FMCA, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Membership Dues & Refund Policy
Any member of FMCA who has resigned while in good standing shall be received again into membership upon application and payment of the current year's dues.
Any member who has been dropped from membership rolls for non-payment of dues, and who later desires to rejoin, must apply for membership according to the rules of admission of new applicants. Any member who remains in arrears for non-payment of dues forfeits membership in FMCA, and is not eligible to become or remain a member of a chapter or to enjoy any rights afforded members. Between meetings of the Governing Board, the Executive Board may establish special membership dues, dues for less than one year, or a combination of both during special or promotional membership drives.
No member is entitled to any refund of initiation fees or current-year dues upon severing connection with FMCA. If a member purchases multi-year dues the prepayments will be held in a separate account until required to pay for current year dues. The annual dues are a pro-rated amount that is computed by dividing the cost of the multi-year renewal by the number of renewal years. If the member severs connection with FMCA they may request a refund of their prepayment for whole, unused years. Requests for refunds must be submitted in writing.
Member Benefit Disclosure
Please visit FMCA.com regularly to view the most up-to-date information regarding FMCA member benefits. FMCA member benefits are subject to change, including the discontinuation of any particular benefit, at any time and without prior notice. FMCA assumes no liability for damages, either direct or consequential, to any person or organization as a result of the use of its services.
Ⅲ. INDEMNITY AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FMCA 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 FMCA OR AN FMCA 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 FMCA'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.
All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the States of where the specific Site you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific Site you are viewing is hosted.
California Privacy Right
Canada Anti-Spam Law
FMCA complies with the Canada Anti-Spam Law. Canadian individuals who are not FMCA members and who provide us a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (as defined under the Canada Anti-Spam Law) unless these individuals have “opted-in” to receive Commercial Electronic Messages.
If any part of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding. These Terms, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of the Site. These Terms were last updated on 5-1-2019.
This is the Site of FMCA
Our national headquarters postal address is:
- FAMILY MOTOR COACH ASSOCIATION, INC.
- 8291 Clough Pike
- Cincinnati, Ohio 45244
These terms shall be governed by and construed in accordance with the laws of the State of Ohio, 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 Hamilton County, Ohio, 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.
1. License Grant
Subject to the restrictions set forth in this EULA, FMCA grants you a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use a single copy of the App on each of your devices (e.g., your mobile phone, PDA, computer). Any attempt to use the App other than as permitted by this EULA will immediately terminate the EULA. Except for the rights explicitly granted in this EULA, FMCA retains all right, title and interest (including all intellectual property rights) in the App, including the copies of the App on your devices. FMCA may use third-party software that is subject to open source and/or third-party license terms. You are subject to those terms.
2. Changes to the Apps, Services and/or Fees
FMCA retains the right to change or discontinue an App (and/or FMCA’s website and any of FMCA’s services) without notice or liability to you.
3. Changes to this License
FMCA reserves the right to change all or part of the EULA at any time. If FMCA does that, FMCA will post the changed terms to the same web page as the old terms. IF YOU CONTINUE TO USE AN APP AFTER FMCA POSTS CHANGED TERMS, THAT USE WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
4. EULA Restrictions
As a condition of accepting the EULA, you agree that you will not:
- rent, lease, sublicense, sell, assign, loan, or otherwise transfer the App, your copy of the App or any of your rights and obligations under this EULA;
- remove or destroy any copyright notices or other proprietary markings on the App;
- reverse engineer, decompile, disassemble, modify or adapt the App, merge the App into another program, or create derivative works of the App;
- copy or distribute the App; and
- use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA.
This EULA will automatically terminate upon: (a) your failure to comply with any term of this EULA (whether or not we inform you of this termination); or (b) the deletion by you of the App from your devices. In addition, FMCA reserves the right to terminate the EULA at any time, with or without reason. If this EULA terminates, you must stop using the App and delete it from your devices.
You are solely responsible for compliance with any applicable laws and regulations and your own contractual obligations to third parties.
8. Transmission of Data/Updates
Use of an App may involve the transmission of data over the Internet to FMCA and to and from third parties. For the sake of copy protection, a valid activation might be verified automatically by the App from time to time. If you elect to receive automatic updates, FMCA will push updates to your devices but we will always notify you first.
Certain of the product and service names used in this EULA and in the App may constitute trademarks of FMCA or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.
10. Export Controls
You agree not to export, re-export or use an App except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your App license. If you download the App in the United States, you may not export or re-export App to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use App for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
The Terms and this EULA are the entire agreement between you and FMCA relating to the App and they supersede all prior oral or written communications and representations with respect to any App or any other subject matter covered by this EULA.