TERMS OF SERVICE
Revised March 9, 2016
Welcome to the AIRSTREAM, INC. website. This website is referred to as the “Website” below.
If you do not agree to these Terms of Service, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at [email protected].
This Website is not intended to be a means of submitting warranty claims or requests for repair. Claims or requests for repair should be sent should be sent to your local dealer.
The depictions of recreational vehicles on this Website are for general information purposes only as to the recreational vehicles manufactured by Airstream, Inc. during the current model year. Since we continually strive to improve our products, actual products may differ and prices and specifications are subject to change without notice. Product information, specifications, and photography in this 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.
This 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 a number of options for the recreation 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 manufacturer’s specified chassis weight limits. Do not overload the recreational vehicle.
Dry weights are based on standard features; optional equipment 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 this Website is intended as a guide only. Weights of individual vehicles may vary. Consult your owner’s manual for complete loading, weighing, and towing instructions.
ITEMS OFFERED FOR SALE
Products for sale in the Website’s Online Store may be subject to additional terms and conditions. AIRSTREAM, INC. attempts to be as accurate possible when describing a product. AIRSTREAM, INC., however, does not warrant that product descriptions or any other Website content are accurate, complete, reliable, current, or error-free. If a product offered by AIRSTREAM, INC. is not as described, your sole remedy is to return it in unused condition. Please note that AIRSTREAM, INC. does not offer recreational vehicles for sale on this Website or in its Online Store and this paragraph does not apply to recreational vehicles.
COPYRIGHT AND TRADEMARK
All content on this website is owned by AIRSTREAM, INC., its affiliated companies, or by third parties who have licensed the content to AIRSTREAM, INC. and is subject to all applicable United States and international copyright laws and treaties. Subject to your acceptance of and compliance with these Terms of Service, AIRSTREAM, INC. grants to you a non-exclusive, nontransferable, revocable and limited license to access, use and display this Website and the content thereon for personal, non-commercial use only. No portion of this Website may otherwise be reproduced, modified or reposted to other websites without the written consent of AIRSTREAM, INC.
The AIRSTREAM name, the configuration and appearance of the AIRSTREAM® recreational vehicles, product brand names (including BAMBI®, LAND YACHT®, SAFARI® and others) and all other trademarks and logos appearing on this Website are owned or used pursuant to license by AIRSTREAM, INC. and/or its affiliates. The unauthorized use of these trademarks and logos is strictly prohibited, and you agree that you will not use these trademarks or logos in any way that suggests affiliation with, sponsorship by, or approval by AIRSTREAM, INC. without its express, written permission. If you have questions regarding AIRSTREAM trademarks, or for licensing information, contact AIRSTREAM, INC.’s Office of Sales and Marketing.
Individual documents made available on this website may be subject to different copyrights, trademarks and/or licenses.
REPORTING COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Website infringes your copyright, please immediately notify AIRSTREAM, INC. in writing. Please send your written notice to AIRSTREAM, INC.’s designated agent for receiving such notice: Legal Department, Thor Industries, Inc., 601 East Beardsley Avenue, Elkhart, IN 46514. Your notice should include an identification of the material you claim to be infringing; information reasonably sufficient to allow AIRSTREAM, INC. to locate the material; an identification of the copyrighted work you contend has been infringed upon (or a representative list if there are multiple works); sufficient information to allow AIRSTEAM, INC. to contact you (including your name, address, telephone number and email address); a statement indicating that you possess a good faith belief that the use of the material in the manner complained about is not authorized by the law or you; and your physical or electronic signature. If someone submits the notice on your behalf, the notice must contain a statement, given under penalty of perjury, that the submitter is authorized to act on your behalf.
USE OF WEBSITE
You may only use this Website for legitimate and lawful purposes. You are welcome to post, transmit or submit messages and other content to areas of the Website which invite content submissions, provided that your use and submissions do not violate these Terms of Service. By using this Website, you agree that: (a) you will use the Website only for lawful and legitimate purposes and you will not post, transmit, link to, or otherwise distribute any information that constitutes or encourages conduct that would be a criminal offense, which would give rise to civil liability or which would otherwise be contrary to law; (b) you will not use the Website in any way which would act to restrict or inhibit any other user from using or enjoying the Website; (c) you will not post, transmit, link to or otherwise distribute any content or make any comment which is unlawful, threatening, harassing, obscene, vulgar, pornographic, profane, indecent or which otherwise violates the rights of others (including any right to privacy or publicity); (d) you will not make any speculation or false or fraudulent representations; (e) you will not violate or infringe upon the property rights (including trademark, trade secret, and copyright) of any other person; (f) you will not post, transmit, link to, or otherwise distribute any information or software which contains any harmful, malicious or disruptive component (including, but not limited to, any virus, Trojan horse, cancelbot, or worm); (g) you will not upload, post, publish, transmit, link to, or otherwise reproduce any content or materials obtained via the Website (or any derivative work thereof) which is protected by copyright or any other intellectual property right without first obtaining written permission from the right holder; (h) you will not impersonate or false represent association with another user; and (i) you will not reproduce, sell, resell or otherwise exploit the Website for any commercial purpose. By submitting any content, you represent that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner.
By submitting any information or content to or through the Website, you automatically grant AIRSTREAM, INC. an irrevocable, perpetual, fully paid, worldwide exclusive license to use, copy, perform, display, distribute, transmit, publicly perform, or delete the information or content as AIRSTREAM, INC. and its parent and affiliated companies see fit. You also agree, to the extent permitted by United States and Ohio law, that any unsolicited inquiries, ideas, inventions, or information submitted to AIRSTREAM, INC. via this Website or other means shall be deemed to be the property of AIRSTREAM, INC. AIRSTREAM, INC. 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 AIRSTREAM, INC.
AIRSTREAM, INC. makes no warranties, express or implied, as to the content of any user-submitted content or the accuracy and reliability of any such content. You agree to release AIRSTREAM, INC., 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-submitted content. AIRSTREAM, INC. does not assume any responsibility for content submitted by users of this Website, and AIRSTREAM, INC. does not endorse any content submitted by users of this Website. Content posted by users of this Website does not reflect the opinions or policies of AIRSTREAM, INC.
Nonetheless, AIRSTREAM INC. reserves the right to prevent you from submitting content and to edit, restrict or remove such content for any reason at any time. AIRSTREAM, INC. is under no duty to preserve, maintain, or to continue to display any user-submitted content and may terminate or suspend any Website service at any time without notice. You agree that AIRSTREAM, INC. accepts no liability whatsoever if it determines to prevent your content from being submitted or if it edits, restricts or removes your content.
AIRSTREAM, INC. assumes no responsibility for actively monitoring for inappropriate content. If at any time AIRSTREAM, INC. chooses, in its sole discretion, to monitor user-submitted content, AIRSTREAM, INC. nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content. That said, if you believe any content on this Website infringes upon a copyright owned by you, please follow the procedure outlined in the “Reporting Copyright Infringement” section above.
If you submit messages, you agree to strictly limit yourself to discussions about the subject matter for which they are intended.
AIRSTREAM, INC. may provide, via the website, the ability for users to send messages to one another. Should AIRSTREAM, INC. provide such a service, AIRSTREAM, INC. does not warrant or guarantee the security and privacy of any material submitted by you or to you in such messages.
OFFICIAL AIRSTREAM® REGISTRY
This Website may contain services or features which allow you to register your personal information and information about AIRSTREAM products you own, including the name you have chosen for your AIRSTREAM recreational vehicle as part of the OFFICIAL AIRSTREAM REGISTRY. You may also be permitted to post content, including photos and other media, about your AIRSTREAM recreational vehicle. Should you choose to register for such services or features, AIRSTREAM, INC. may require you to agree to additional terms and conditions before registering.
THIRD PARTY WEBSITES AND ADVERTISING
This Website may contain links to websites of third parties. Any such link is provided solely for the convenience of you as a user and is not intended to suggest an affiliation, between AIRSTREAM, INC. and the third party or an endorsement or sponsorship of the third party by AIRSTREAM, INC. The content and terms of service of any third party websites is the sole responsibility of the third party. AIRSTREAM, INC. does not certify, endorse or otherwise check the accuracy of third party websites. By clicking on a link to a third party website, you agree that AIRSTREAM, INC. and its affiliates have no responsibility or control for any material contained on any third party website.
AIRSTREAM, INC. has no responsibility for any third party advertisements appearing on the Website, nor is AIRSTREAM, INC. responsible for any goods or services promoted or sold by such advertisers.
By using this Website, you agree to defend, indemnify and hold harmless AIRSTREAM, INC., its parents and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Website; your failure to use this Website; your use of the OFFICIAL AIRSTREAM REGISTRY; your breach or alleged breach of these Terms of Service; and/or your breach or alleged breach of the copyright, trademark, intellectual property proprietary or other rights of third parties. AIRSTREAM, INC. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you will agree to cooperate in AIRSTREAM, INC.’s defense of the claim.
DISCLAIMER OF LIABILITIES AND WARRANTIES
This Website is for informational purposes only. While AIRSTREAM INC. attempts to provide an error-free user experience, this Website may contain technical or typographical errors which impair the performance of the Website. The Website may also be unavailable from time to time. You agree that you use this Site and rely on material contained in this Site at your own risk.
THIS WEBSITE, THE OFFICIAL AIRSTREAM REGISTRY, AND ALL MATERIALS ON THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS. AIRSTREAM, INC., ITS PARENT COMPANIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THIS WEBSITE. THIS MEANS, WITHOUT LIMITATION, THAT AIRSTREAM, INC. DOES NOT WARRANT: (a) THAT THIS WEBSITE IS FIT FOR ANY PARTICULAR PURPOSE; (b) THAT THIS WEBSITE WILL FUNCTION WITHOUT ERROR; (c) THAT SERVICE WILL BE UNINTERRUPTED; (d) THAT DEFECTS WILL BE CORRECTED; (e) THAT THIS WEBSITE IS ERROR FREE; (f) OR THAT THIS WEBSITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AIRSTREAM, INC., ITS PARENT COMPANIES AND AFFILIATES,together with their respective employees, agents, directors, officers and shareholders ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (a) CONTENT POSTED BY USERS OR OTHER THIRD PARTIES; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF AND ACCESS TO THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF AIRSTREAM’S SERVERS OR PERSONAL INFORMATION STORED THEREON; (d) ERRORS OR INACCURACIES IN CONTENT; (e) ANY VIRUSES, WORMS, MALWARE OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (f) for the theft, destruction, damage or unauthorized access to your computer system or network; OR (G) for any defamatory, offensive or illegal conduct or material found in connection with this WEBSite, including such conduct or material transmitted by any means by any other person.
AIRSTREAM, INC., ITS PARENT COMPANIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY CONTENT LINKED TO THIS WEBSITE. AIRSTREAM, INC. DOES NOT WARRANT, SPONSOR, ENDORSE, CERTIFY OR GUARANTEE ANY GOODS OR SERVICES ADVERTISED BY ANY THIRD PARTY THROUGH THIS WEBSITE, THROUGH ANY LINK FROM OR TO THIS WEBSITE, OR APPEARING IN ANY OTHER FORM ASSOCIATED WITH THIS WEBSITE (SUCH AS A BANNER AD).
You acknowledge that AIRSTREAM INC., ITS PARENTS AND AFFILIATES, together with their respective employees, agents, directors, officers and shareholders ARE not liable, TO THE FULLEST EXTENT OF THE LAW, for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use THIS 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 AIRSTREAM, INC. The views and opinions of authors expressed herein do not necessarily state or reflect those of AIRSTREAM, INC., and shall not be used for advertising or product endorsement purposes.
JURISDICTION AND VENUE
Airstream, Inc. maintains this website in the State of Ohio in the United States of America, and this Website is intended for viewing within the United States only. These Terms of Service are governed by and are to be construed in accordance with the laws of the State of Ohio regardless of the principles of conflicts of laws which may require the application of the laws of another jurisdiction. Airstream, INC. does not represent or warrant that this Website complies with the laws of any other jurisdiction. If you access this Website from outside of the United States, you remain responsible for compliance with any applicable laws.
Any legal actions arising from or relating to these Terms of Service must be brought in the State Courts of Shelby County, Ohio or the Federal District Court with jurisdiction over Shelby County, Ohio.
UNAUTHORIZED USE OR ACCESS
The use of this website may be monitored for security purposes. Any unauthorized access to this Website, any attempt to damage or interfere with the operations of this Website, or any attempt to undermine AIRSTREAM, INC.’s legitimate business purposes is prohibited and is subject to criminal and civil penalties under the Federal Laws of The United States.
Copyright © 2016 AIRSTREAM, INC. All Rights Reserved.