Terms of Service

Updated: June 26, 2020

Togo RV provides mobile applications and other services intended to enhance the recreational vehicle experience for your personal use and enjoyment in accordance with these Terms of Service (“Terms”). These Terms create an agreement between you and TH2connect, LLC d/b/a Togo Group and its subsidiary Togo Tech, LLC (collectively “Togo RV”, “we”, “our” and/or “us”). Please read these Terms carefully.

  1. ACCEPTANCE OF TERMS AND MODIFICATIONS.

Togo RV provides materials, software, audio and/or visual works, text, content checklists, guides, information, features, tools, offers, promotions, discount offers, and other benefits and services (collectively, “Togo Content”) to users through the  www.togorv.com website, its Togo RV Plus services, Togo Apps, and other platforms, channels, and forms of online distribution. “Apps” means the mobile applications and other software applications developed and or distributed by Togo RV (including Togo Tech), including the Togo RV Companion App, the Togo Roadlink App, and third-party branded (or “white labeled”) applications. The Togo Content, Apps, websites, Togo RV Plus services, and any other platforms, channels, forms of distribution, products, features, tools, materials, and services provided by Togo RV are collectively referred to as the “Services” in these Terms. 

Use of the Services is subject to compliance with these Terms. The Terms incorporate by reference the Togo Group Privacy Policy (the “Privacy Policy”); any applicable end user license agreements; and any other documents specifically referenced herein. You accept and agree to be bound by these Terms by downloading, using, or accessing the Services (or any element the Services) or by otherwise giving consent when requested. If you do not agree to these Terms or the Privacy Policy, do not use the Services and immediately and delete any App(s) from your devices. 

We may change these Terms in our discretion at any time. Notification of changes to these Terms will be given by publishing a revised version of these Terms at www.runswithtogo.com/app-terms-of-service and at https://rv.runswithtogo.com/terms-and-conditions/ or by notifying you through your installation of an App to which these Terms maintain.  Your continued use of the Services after any modification(s) will be deemed your acceptance of the Terms as modified. If you do not agree to these Terms as modified, do not use the Services and immediately and delete any App(s) from your devices. 

    • Age Limitations. The Services are not intended to be used by anyone under the age of 13. If you are under the age of 13 please stop using the Service immediately
    • Third Party Integration. The Services may integrate with, or contain links to other platforms, applications, websites or services, including those operated by our third-party business partners (such as your RV manufacturer or dealer) (each, an “Integrated Service”). Integrated Services may be subject to additional terms that may be presented in connection with their use, and by using an Integrated Service, you agree to the applicable terms and conditions.  Although we or our related entities may operate some Integrated Services, others are not owned or controlled by us (each, a “Third-Party Service”). We have no control over and, to the fullest extent permitted by applicable law, assume no responsibility for, the content, privacy policies, or practices of any Third-Party Service. By using these Third-Party Services, you waive any and all liability of us arising from such use, or from the content of any Third-Party Service. When using a Third-Party Service, you should be aware of when you leave the Services and read the terms and conditions and privacy policy of each Third-Party Service that you visit. We may use data from third party sources to provide services. This data and other information may not always be accurate or available. We are not responsible for any data provided by third parties or your reliance thereof.
  1. YOUR ACCESS AND USE OF THE SERVICES. 

Access and use of certain elements of the Services will require the creation and use of an account with an associated Togo ID (“Account”). When registering for your Account, you may be required to provide certain information about yourself or RV as prompted.

  • Account Details. You must keep your Account details secure and must not share them with anyone else. We are not liable for any loss or damage arising from your failure to comply with these requirements. Failure to protect your user name, password, and other credentials may allow others to monitor your RV or access your personal information. We will never ask you for your password.
  • Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier or Third-Party Service provider(s), as applicable) in connection with your use of the Services.
  • Limitations on Services. Not all features of the Services are available in all markets, in all RVs, or at all times.
  • Emergency Services. The Services are intended to be used, and should not be relied upon, to contact emergency services. Always use other means to contact local authorities or emergency services operators in the event of an emergency.
  • Changes to Services; Updates. We may, in our sole discretion and without notice, change, modify, restrict, discontinue, cancel, or terminate any feature or element of the Services, including, for example, connection to any Integrated Service. Changes may be made, for example, to develop and provide software updates, which may include upgrades, fix defects, improve security, and/or to add, modify, or remove features (collectively, including related documentation, “Updates”). You agree to allow us to remotely make software and firmware Updates in accordance with your device settings. To the extent we are unable to automatically provide Updates, you agree to promptly download and install all Updates and acknowledge and agree that certain features or functionality or portions thereof may not properly operate should you fail to do so. All Updates are subject to these Terms. 
  1. INTELLECTUAL PROPERTY; END USER LICENSE
  • Reservation of Rights. The Services and (including all Apps and Togo Content displayed, provided or otherwise used in connection with the Services) and any Integrated Services are licensed, not sold, to you. You acknowledge you do not own any right or title to any of the Services or any Integrated Services (except as may be granted in any third-party license terms), and you do not acquire any other rights with respect to the Services or any Integrated Service unless expressly granted in accordance with these Terms. The Services, all Integrated Services, all systems, and all worldwide intellectual property rights therein (including copyrights, trademarks, patents, database rights, and trade secrets) (“Intellectual Property”) are owned by Togo RV, its licensors or otherwise by their respective owners. 
  • License Grant. Subject to these Terms, we grant to you a terminable, limited, non-exclusive, and non-transferrable right (without the right to sub-license) to download, install, and use the Services on a device that you own or control.
  • Prohibited Activities. You may not either directly or indirectly, with respect to the Services: (a) make unauthorized copies; (b) modify, adapt, or otherwise create derivative works or improvements; (c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code; (d) remove, alter, or obscure any trademarks or any copyright, trademark, patent, or other Intellectual Property rights notices; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
  • Open Source Software. The Services may contain or be used in connection with content or software subject to open source or free software licenses (“Open Source Software”). The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, Open Source Software is subject to the terms of the end user license which accompanies such software. Nothing in this Agreement limits your rights under, or grants you rights which supersede, the terms and condition of any Open Source Software end user license which may apply. For a list of Open Source Software contained in or used in connection with providing you the Services see the Open Source License Information page at [LINK] (the “Open Source Notice”).
  1. YOUR CONTENT

The Services may enable you to use or post your own text, photos, videos, or other content directly in the Services or through the Services (“Your Content”). By using or posting Your Content in, or, or through the Services, you automatically grant us an irrevocable, perpetual, fully paid, worldwide, royalty-free, transferable (with the right to sublicense) license to publish, copy, transmit, and otherwise use Your Content in connection with the Services. You represent and warrant that Your Content is your own original creation; you have all rights necessary to use or post Your Content as discussed herein; and such use or posting will not infringe upon the rights of any third parties. You further agree that you will not use or post any content, data, or code which is obscene, which violates the rights of others, which may interrupt, impair, or damage the Services and/or the Services, or which in any way violates these Terms, the Privacy Policy, or any other terms, guidelines, or policies posted or provided to you in connection with your use of the Services.

  1. YOUR RESPONSIBILITIES
  • Safe Operation. The Services are not intended to be used when driving or towing the RV. Do not use the Services while driving as such use may distract your attention from the road and may result in serious injury to you or others.
  • RV Service, Maintenance, and Operation. The Services may provide you with notifications about service and maintenance of your RV and information and suggested checklists concerning RV service and operation. Notifications of service and maintenance are estimates only. Your actual mileage and service and maintenance needs may vary from the notifications the Services provides. Likewise, information and checklists concerning vehicle service, maintenance, and operation are intended to assist you, but do not replace the recommendations in your RV’s owner manual. You are responsible for confirming your actual service, maintenance, and operational needs. Consult your RV’s owner’s manual, contact the manufacturer of your RV, or contact an authorized local service provider for more details.
  • Legal Compliance. You agree to use the Services in compliance with all applicable laws, regulations, and ordinances. You agree you will not abuse or do anything to damage our business operations, services, reputation, employees, or facilities.
  1. PAID SUBSCRIPTIONS
  • Premium Features. The Services may allow you to purchase one or more paid subscriptions (each a “Subscription”) to enable access to TOGO RV PLUS and its premium features, content, services, discounts, or other benefits (collectively, “Premium Features”). Subscriptions renew automatically until cancelled as provided below.
  • Subscription Terms. Each Subscription requires a pre-paid contract commitment for a specific length of time specified at the time of purchase (the “Subscription Term”). Subscriptions are typically offered on an annual or monthly basis, but we may occasionally offer Subscriptions for different periods of time. Each Subscription Period begins on the date of purchase. Your access to the Premium Features included in your Subscription will begin at the start of the Subscription Period and will end on the last day of the Subscription Period unless your Subscription is renewed (except as otherwise provided in this Agreement). 
  • Automatic Renewals. After your initial Subscription Period, your Subscription will automatically renew for additional Subscription Periods of the same length, allowing you to conveniently maintain access to the Premium Features. By purchasing a Subscription, you authorize us to automatically charge your payment method upon the end of the initial Subscription Period at the full Subscription price in effect at the time of renewal (plus applicable taxes), without any additional action by you. Promotions and discounts applied to the purchase of your initial Subscription or which may be advertised at the time of renewal are not applicable to automatic renewals. 

In order to stop auto renewal of your Subscription, you must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Period. If you submit your cancellation request less than 24 hours before the end of your current Subscription Period, your Subscription will automatically renew for the next Subscription Period and the cancellation will be effective at the end of that renewed Subscription Period.

  • Lifetime Subscriptions. A “Lifetime Subscription” is a limited offer providing you access to the Premium Features available at the time of your purchase for as long as such Premium Features are available and supported. Your Subscription confirmation will indicate if you have a Lifetime Subscription. We may, in our discretion, stop issuing Lifetime Subscriptions at any time and/or limit participation or eligibility. A Lifetime Subscription may not be transferred to another person and is nonrefundable. We anticipate offering the Premium Features for a long time, but we are not obligated to do so. You understand and agree that a Lifetime Subscription does not guarantee the Premium Features will be available or supported for your lifetime or any other specific period of time. The Lifetime Subscription may not be transferred to another person and is nonrefundable.
  • Promotional Offers. We may provide offers, codes, coupons, vouchers or other means (“Offers”) to be used to claim a free or discounted Subscription from time to time. All such Offers expire according to their terms. If no expiration date is provided, such Offers expire six (6) months after issuance. An Offer may not be combined with any other Offer or promotion. All Offers are subject to availability and may be withdrawn in Togo’s sole discretion. Not all Premium Features or other Services are available in all areas. Togo may limit offers to certain users or potential users. Offers will be void where prohibited by law.
  • Payment Terms. By starting your Subscription, you agree to pay the Subscription fee and any applicable taxes. The Subscription fee must be paid in full and in advance of each Subscription Period must be paid in full and in advance.  All sales are final. No refunds will be given.

You must provide a credit card or other payment method acceptable to Togo RV. By providing a payment method, you authorize us to charge the Subscription fee your payment method prior to the start of each Subscription Period unless and until your Subscription is cancelled in accordance with the terms of this Agreement. You represent and warrant that: (a) the payment method information you supply to us is true, correct and complete, (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your payment method company; and (d) you will pay charges incurred by you at the posted prices and all applicable taxes, if any. 

If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may change the start of your next Subscription Period and may change the date on which you are billed.

We will notify you of any increase in the Subscription fee price and, if required, seek your consent to continue. If we are not required to seek your consent, you will be deemed to have agreed to the increased Subscription fee price upon renewal of your Subscription or payment of the Subscription fee for the next Subscription Period. If you do not agree to a pricing change, you must cancel your Subscription in accordance with the terms of this Agreement.

We may offer a free trial period prior to charging your payment method a Subscription fee for a paid Subscription. If you receive a free trial, you acknowledge and agree a paid Subscription will begin immediately upon the end of the free trial period unless you cancel your Subscription at least 24 hours before the end of the free trial period. You will be notified of the length of the paid Subscription Period when activating your free trial. If you do not cancel your Subscription at least 24 hours before the end of the free trial period, we will charge your payment method for the full price of the paid Subscription Period.

We reserve the right to cancel your Subscription and/or terminate your account if we are unable to successfully charge your payment method with respect to an initial or renewal Subscription.

  • How to Cancel Your Subscription. You may cancel your Subscription, change your payment method, and review your account details at any time by logging on to your account through our website (www.togorv.com) or a Togo RV mobile App. If you cancel your Subscription, you will continue to have access to the Premium Features through the end of your current Subscription Period (subject to the other terms herein). No portion of your payment for the current Subscription Period will be refunded.
  • Modification, Suspension, and Discontinuation. We regularly make changes to our Services and Premium Features. The Premium Features will change from time to time, and we reserve the right to replace, limit, remove, and change Premium Features. Certain Services and other Premium Features may also be limited or restricted by law or limitations or considerations from third parties. We are not obligated to offer all elements of the Services or Premium Features will be all subscribers at all times, and elements may differ between subscribers. We anticipate continuing to offer the Premium Features, but we reserve the right to change, suspend, or discontinue (temporarily or permanently) some or all of the Services and Premium Features as to some or all users, at any time and with or without notice. You understand and agree that Togo RV will not be liable to you for any modification, suspension, or discontinuation of the Services or Premium Features.
  1. COMPLIANCE WITH ALL LAWS AND REGULATIONS

Togo RV is not responsible for your violation of any laws while using the Service. Users must comply with all local, state, or federal laws regarding your use of our Service. Our Service is void where prohibited.

  1. INTELLECTUAL PROPERTY RIGHTS

Togo RV owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Togo RV and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way, in whole or in part, any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Togo RV or, if such property is not owned by Togo RV, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

10 .PAYMENTS AND REFUNDS FOR OUR APPS

The Apps made available as part of the Service may either be downloaded, for free or for a fee, through a third-party applications marketplace. Any refunds must be processed through the third-party applications marketplace.

  1. REPRESENTATIONS AND WARRANTIES

THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Togo RV, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, AND OWNERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Togo RV PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF LIABILITY AND TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Togo RV, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, OR OWNERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE FOR: (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR  (b)  DIRECT DAMAGES IN AMOUNTS GREATER THAN FIFTY DOLLARS ($50).THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR Togo RV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by the  negligence of Togo RV or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation of Togo RV or an officer, employee or agent authorized to communicate on its behalf; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor, you hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our software is contingent on your agreement with this and all other sections of this Agreement. You agree our total liability to you is not more than $100 US dollars or the total amount you spent while using our site, app, and service within the last six months, whichever is greater.

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Togo RV and its parent, subsidiary, and affiliated entities, and their respective  officers, directors, employees, owners, operators, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Service;

your violation of any term of these Terms of Service;

your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or

any claim that any of your Content caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. FREEDOM OF SPEECH

At Togo RV we allow users to Post Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently Post their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive service that only hosts Content generated by users; we do not alter or produce any Content Posted by users. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.

  1. COPYRIGHT NOTICES

We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed by our through our Service, please fill out this form or send us a message which contains:

Your name.

The name of the party whose copyright has been infringed, if different from your name.

The name and description of the work that is being infringed.

The location on our website of the infringing copy.

A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent, dmca@Togo RV.com or by mail to Agent of Togo RV, 131 E McMicken Ave., Cincinnati, OH 45202. Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU.

  1. EXPORT

By using our Service, you promise that you are not located in, under the control of, or a resident or national of any country (or a person, or under the control of any person or entity) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. In addition, you promise that you are not located in a country that is subject to a United States’ government embargo, or that has been designated by the United States’ government as a “terrorist supporting” country and that you are not listed on any United States’ government list of prohibited or restricted parties.

  1. COPPA COMPLIANCE

Togo RV and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Service and please do not submit any information to us.

  1. CHOICE OF LAW

This agreement shall be governed by the laws in force in the state of Ohio. The offer and acceptance of this contract is deemed to have occurred in the state of Ohio.

  1. FORUM OF DISPUTE

You agree that any dispute arising from or relating to this Agreement will be heard solely by the federal courts located in Hamilton County, Cincinnati, Ohio.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

  1. FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

  1. SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Togo RV shall have the sole right to elect which provision remains in force.

  1. NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. TERMINATION AND CANCELLATION

We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Stop all use of the Service and delete or destroy any App(s) or other parts of the Service (included data procured from the Service) that you have downloaded. We may, but are not obligated to, delete or destroy Content you have posted at any time, including immediately upon termination of this Agreement. . All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation: ownership provisions; warranties you provide; disclaimers or limitations of warranties; obligations to defend, indemnify and hold harmless; limitations of liability; and the licenses, permissions, and releases you have granted to Togo RV.

  1. ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. AMENDMENTS

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using the Service.

  1. ELECTRONIC COMMUNICATIONS

The communications between you and Togo RV use electronic means, whether you use the Service or send Togo RV e-mails, or whether Togo RV posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Togo RV in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Togo RV provides to you or posts on the Service satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

  1. TIME

Because the Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

  1. CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Togo RV must be addressed to our agent for notice and sent via certified mail to: Agent of Togo RV, 131 E. McMicken Ave., Cincinnati, OH 45202.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

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