Terms & Conditions

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

This Web site (the "Web Site") is a service made available by River City Sales, Inc., a Missouri corporation, and all content, information and software provided on and through the Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use"). By using this Web Site, you signify your assent to these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Web Site.

 

1.OWNERSHIP. This Web Site, together with the arrangement and compilation of the Content found on this Web Site is the copyrighted property of River City Sales, Inc. and/or the owners or property managers of properties displayed herein. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, or other proprietary rights and laws of the United States of America and the State of Missouri. The trademarks, logos, and service marks displayed on this Web Site are registered and common law trademarks of River City Sales, Inc., and its affiliates, as well as the third party business partners of River City Sales, Inc. Nothing contained in this Web Site should be construed as granting any license or right to use any of the trademarks, logos, or service marks contained herein without the express written permission of River City Sales, Inc. or the owner of such logos and/or marks. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under applicable copyright or other intellectual property law.

 

2.WEB SITE LICENSE. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. River City Sales, Inc. may terminate this license at any time for any reason.

 

3.LIMITATIONS ON USE. The Content on this Web Site is for personal use only and not for commercial exploitation. You may not copy, reproduce, republish, upload, post, transmit, or distribute this Web Site or the Content, including the text, graphics, button icons, data compilations, and software without the written permission of River City Sales, Inc. except that you may download, display and print the materials presented on this Web Site for your personal, non-commercial use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without River City Sales, Inc.,’ prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site. You agree that you will not transmit or otherwise transfer any pages, data or Content found on this Web Site to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. The use of the Content on any other web site is prohibited. Any unauthorized use of the Web Site or its Content is also prohibited.

 

4.CONTENT IS NOT GUARANTEED. Content on or made available through the Web Site may be provided by business partners of River City Sales, Inc. The accuracy, completeness, adequacy or currency of any Content is not warranted or guaranteed. Your use of information on the Web Site or materials linked from the Web Site is at your own risk.

 

5.AGE AND RESPONSIBILITY. If you use this Web Site, you represent that you are of sufficient legal age to use this Web Site and to create binding legal obligations for any liability you may incur as a result of the your use of this Web Site. You further agree that you are responsible for maintaining the confidentiality of your account information and your login name or password and accept responsibility for all activities that transpire at the Web Site by you and those using your login or password.

 

6.LINKING TO THE WEBSITE. You may provide links only to the homepage of this Web Site, provided that you (a) do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) give River City Sales, Inc. notice of such link by sending an e-mail to RiverCity@rivercitysalesinc.com, (c) discontinue providing links to this Web Site if requested by River City Sales, Inc. If you wish to provide links to a section within the Web Site, you should forward your request to RiverCity@rivercitysalesinc.com and a River City Sales, Inc. representative will notify you if permission is granted, and if so the terms and conditions precedent to the permission.

 

7.ADVERTISERS. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. River City Sales, Inc.  will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

 

8.ERRORS AND CORRECTIONS.  River City Sales, Inc. does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. River City Sales, Inc. does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. River City Sales, Inc. may make improvements and/or changes to its features, functionality or Content at any time.

 

9.LINKS. This Web Site may contain links to other web sites that are provided solely as a convenience to you and not as an endorsement of such sites or their owners by River City Sales, Inc. River City Sales, Inc., is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained on such web sites. If you decide to access the other web sites through any links contained herein, you do so at your own risk.

 

10.DISCLAIMER OF ALL WARRANTIES. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. RIVER CITY SALES, INC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RIVER CITY SALES, INC. VIDEO REPRESENTATIVES DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.

 

11.LIMITATION OF LIABILITY. River City Sales, Inc., assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use or, or browsing in this Web Site or your downloading of any materials, data, text, or images from this Web Site. River City Sales, Inc. shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this Web Site. RIVER CITY SALES, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, RIVER CITY SALES, INC' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. You shall defend and indemnify River City Sales, Inc. its affiliates and business partners, and their respective officers, directors, employees and agents, from and against any claim, cost, expense, cause of action or demand including, without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the stated limitation of liability included in this Paragraph.

 

12.UNLAWFUL ACTIVITY. River City Sales, Inc. reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

 

13.REMEDIES FOR VIOLATIONS. River City Sales, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to River City Sales, Inc. and its affiliates' Web sites and the features contained within such Web Sites.

 

14.GOVERNING LAW; JURISDICTION; AND ARBITRATION. These Terms of Use are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflicts of laws provisions. Any dispute relating in any way to your visit to the Web Site or your use of the Web Site to facilitate reservations for, or utilization of, accommodations in any property listed on this Web Site shall be submitted to binding arbitration in St. Louis County, Missouri, except that, to the extent you have in any manner violated or threatened to violate River City Sales, Inc.’ intellectual property rights, River City Sales, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri, United Sates of America. You consent to and submit to the exclusive jurisdiction of such courts in all questions and controversies arising out of your use of this Web Site and these Terms of Use. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Web Site or your use of accommodations in any property listed on this Web Site must be brought within two (2) years from the date on which such claim or action arose or accrued.

 

15.ATTORNEY'S FEES. If River City Sales, Inc. or its affiliates takes any action to enforce these Terms of Use, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation or arbitration, as the case may be, in addition to any other relief, at law or in equity, to which such parties may be entitled.

 

16.PRIVACY. Your use of the Web Site is subject to River City Sales, Inc.,’ Privacy Policy, available through this link. You have read our Privacy Policy, the terms of which are incorporated herein, and you agree that such policy is reasonable. You consent to the use of your personal information by River City Sales, Inc., in accordance with the terms of and for the purposes set forth in the Privacy Policy.

 

17.SEVERABILITY OF PROVISIONS. These Terms of Use incorporate by reference any notices contained on the Web Site and the Privacy Policy constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

18.MODIFICATIONS TO TERMS OF USE. River City Sales, Inc. reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.


19.TERMINATION. River City Sales, Inc. may terminate this Agreement and these Terms of Use or may terminate this Web Site at any time for any reason, including but not limited to any improper use of this Web Site or your failure to comply with these Terms of Use. Such termination shall not affect any right or relief to which River City Sales, Inc. may be entitled at law or in equity. Upon termination of this Agreement, all rights granted to you pursuant to these Terms of Use shall terminate and revert to River City Sales, Inc.