Wharfside Enterprises, Ltd.
rvTravelPal Recreational Vehical Software Tools For Motorhome, Fifth-Wheel And Travel Trailers
Copyright © 2018 Wharfside Enterprises, Ltd.
"we", or "us") regarding use of the Software Online Store and associated software, services and purchases (the "Store"). Before you
policies related to the Store (including, but not limited to, any rules, conditions, procedures, or usage provisions specified on any
applicable product, application or service detail page, on any help or other informational page for the Store, or in any link from a detail
page) (collectively, the "Agreement"). If you use the Store, you will be bound by the Agreement.
1. The Store
Through the Store, you may browse, purchase, download (as applicable) and access consumer software, and related digital products
and content, including any offered Add-On Products ("Applications"). "Add-On Products" are digital products, such as additional or
enhanced functionality, that are intended to be accessed or used within certain Applications. Applications include any client software
used to access the Application, any content, documentation, ads, services, technology, data and other digital materials included in or
made available through an Application (including after you download or initially access it), and through any updates and other changes
and versions of the Application. Some Applications are available for download to your computer or other local device, while other
Applications are hosted on servers and are made available for use over the internet ("Online Applications"). The party that provides an
Application to us for distribution is the "Publisher" of the Application. Most of the Applications we make available through the Store are
licensed to you by third-party Publishers. We may make some Applications available via the Store at no charge and others for a price,
as further described on our Application detail pages. From time to time, we may offer sales, give-aways and other promotions in the
Store. We may modify or discontinue any of those promotions at any time without notice to you.
2. Software Applications
2.1 General. After you order an Application and pay any corresponding price, you may download (as applicable) and access the
Application for your personal use. You are responsible for ensuring before purchase that your device meets any minimum system
requirements, including any requirement that we make available on the Application detail pages. For some Applications, you will be
required to input a license key we make available in order to install or activate the Application. You are responsible for any internet or
other connection charges you may incur in connection with your download, access, and use of the Store and any Applications, including
any free trial versions.
2.2 Trial Access. We may offer free trial and other limited versions of Applications so you can preview Applications prior to purchase.
These versions may have limited features, restrict permitted time of use, or contain other limitations.
2.3 Online Applications. Online Applications are hosted and maintained by the applicable Publisher or another third party. We do not
guarantee that any Online Application will be available or remain available to you, and we are not responsible for any downtime of an
2.4 All Sales Final; Accessing and Risk of Loss. All purchases of Applications are final. We do not accept returns of Applications unless
indicated otherwise on the Application detail page. Once you purchase an Application and we or the Publisher make it available to you,
you are responsible for downloading (as applicable) and confirming your ability to access Applications, including retrieving the license
key for the Application as applicable, and bear all risk of loss after downloading the Application or retrieving the license key, including
any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access an Application, please
contact Wharfside customer service for assistance. We will usually continue making Applications you have purchased available to you
so that you can download additional copies of the Application and retrieve your license key (as applicable), but that is not always the
case, and we may limit or disable further downloads of an Application due to licensing restrictions or for other reasons.
3. Use of and Restrictions on Applications and Store Software
3.1 General. We may make available to you software for your personal use that you need to install on your device in order to download
or access Applications purchased from the Store (the "Store Software"). Terms contained in the Wharfside Conditions of Use apply to
your use of the Store Software. Publishers may choose to protect their Applications using a digital rights management ("DRM") system
implemented through the Store Software or using the Publisher's or another third party's DRM that Publisher provides with its
Applications. Store Software includes any software we include in an Application to enable DRM implemented through the Store
Software, or for other purposes. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent the DRM or any other
security or content protection system used in connection with the Store.
3.2 Information Provided to Wharfside. Wharfside respects your privacy, and the Store Software will not access files or other information
on any device where your Applications are located that are not used by or otherwise related to the Store Software or performance of the
Applications. The Store Software and the Applications will provide Wharfside with information relating to the download, access, use and
performance of the Store Software and your Applications, as well as information regarding the devices on which you download and use
the Store Software or Applications. For example, the Store Software and Applications may provide Wharfside with information about
device type, internet connectivity, location of the device running an Application, information about when an Application is launched,
individual session lengths for Applications, the amount of available disk space, or why an Application may not be working. Any
3.3 Separate Licenses to Use Applications. Your use of an Application will be governed by the terms and conditions of an end user
license agreement between you and the Publisher or other licensor of the Application (a "EULA"). The Publisher or other licensor has
the right to enforce the EULA against you. If you choose not to accept a EULA for an Application, you must not use that Application. This
Agreement does not amend or supersede any license or other agreement between you and the Publisher of an Application. Wharfside
is not a party to the EULA for any Application (unless Wharfside is the Publisher of the Application). If you receive an Application that is
not accompanied by a EULA, then Publisher grants to you only a limited license to download (as applicable), access and use the
Application for personal purposes, and reserves all other rights. The Applications are protected by copyright and other intellectual
property laws and treaties. Wharfside, Publishers or other licensors own the title, copyright and other intellectual property rights in the
Applications, and the Applications are licensed, not sold.
3.4. Compliance with Law. You will use the Store and Applications in compliance with all applicable laws, including all export and
re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply
to any Application.
4.1. Changes. We may modify, suspend or discontinue the Store, the Store Software, or any Application, in whole or in part, at any time
without notice or liability.
4.2. Geographic Restrictions. The Store is operated in the United States. We may restrict access to the Store from other locations.
4.3 Suspension and Termination; Waiver; Amendments. Your rights under this Agreement will terminate without notice from us if you fail
to comply with its terms. In case of such termination, you must cease all use of the Store and the Store Software, and we may
immediately revoke your access to the Store without notice to you and without refund of any purchases. Our failure to insist upon or
enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. We may amend any of this
Agreement’s terms at our sole discretion by posting the revised terms in the Store or on Wharfside.RVWTSF.com. Your continued use
of the Store or Store Software after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
4.4 Contact Information. For communications concerning this Agreement, please write to Wharfside Enterprises, Ltd., Attn: Legal
Department, P.O. Box 2430 PMB 4005, Pensacola, FL 32513.
4.5 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement, the Store, or the Store Software is
subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms that may be in the
Wharfside Conditions of Use. You agree to those terms by entering into the Agreement or using the Store.
4.6 Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in any Wharfside Conditions of Use: (i) in
no event will our or our Store Software licensor's total liability to you for all damages (other than as may be required by applicable law in
cases involving personal injury) arising out of or related to your use or inability to use the Store Software exceed the amount of fifty
dollars ($50.00); and (ii) in no event will our total liability to you for all damages arising from your use of the Store, the Applications, or
information, materials or products included on or otherwise made available to you through the Store (excluding the Store Software)
exceed the amount you paid to purchase the Application related to your claim for damages. These limitations will apply to you even if
the remedies fail of their essential purpose.
THIS CONTRACT WAS LAST MODIFIED ON September 8, 2017.