Welcome to the Hightened Path, Motor Coaching, and Motorhomie website (the “Site”). By accessing or using the Site, or by purchasing any documents, contracts, agreements, or templates (the “Documents”) from us, you agree to be bound by these Terms of Service and Purchase Agreement (the “Agreement”). If you do not agree to all of the terms and conditions of this Agreement, do not access or use the Site or purchase any Documents.
DOCUMENT DISCLAIMER
This Document Disclaimer applies to all Documents offered on this Site, regardless of whether they are purchased or provided without charge. ANY AND ALL DOCUMENTS, CONTRACTS, AGREEMENTS OR TEMPLATES OF THE SAME (THE “DOCUMENTS”) THAT ARE BEING SOLD AS PART OF THIS TRANSACTION OR BEING OFFERED ON THIS SITE ARE BEING SOLD “AS IS”. ENTITIES AND AFFILIATES KNOW AS HIGHTENED PATH, MOTOR COACHING. MOTORHOMIE, ITS AGENTS, EMPLOYEES, OR ASSIGNS (“THE ENTITIES”), MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE LEGAL VALIDITY OR ENFORCEABILITY OF THE DOCUMENTS. THE ENTITIES ARE NOT RESPONSIBLE FOR ANY MODIFICATIONS MADE TO THE DOCUMENTS WHETHER OR NOT SUCH MODIFICATION(S) CHANGE THE LEGAL SIGNIFICANCE OF THE DOCUMENTS, INCLUDING THEIR INTERPRETATION AND ENFORCEABILITY. THE SALE OF THE DOCUMENTS IS FOR COMMERCIAL PURPOSES ONLY AND IS NOT FOR THE PURPOSE OF PROVIDING ANY LEGAL ADVICE. THE ENTITIES ENCOURAGES YOU TO OBTAIN YOUR OWN LEGAL COUNSEL TO BE ADVISED AS TO THE LEGAL VALIDITY AND ENFORCEABILITY OF THE DOCUMENTS. THE PURCHASE OF THE DOCUMENTS FROM THE ENTITIES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH THE ENTITIES. IF ANY CLAUSE OR PROVISION CONTAINED HEREIN IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, INVALID OR UNENFORCEABLE UNDER APPLICABLE PRESENT OR FUTURE LAWS, THEN AND IN THAT EVENT, IT IS THE INTENTION OF THE ENTITIES THAT THE REMAINDER OF THIS DOCUMENT DISCLAIMER SHALL NOT BE AFFECTED THEREBY.
Purchase Agreement and Restrictions on Use
ACKNOWLEDGEMENT AND AGREEMENT
By purchasing or receiving Documents from this Site, you (“You” or “Purchaser”) agree to the following terms and conditions:
(1) Acknowledgement of Document Disclaimer: You acknowledge that You have read, understood, and agree to the Document Disclaimer set forth in Section 2 above.
(2) Modifications to Documents: You acknowledge that any modifications You or anyone on Your behalf make to any of the Documents may change their legal significance, including their interpretation and enforceability. The Entities, its employees, agents, or assigns, are not responsible for any modifications made to these Documents.
(3) Consultation with Legal Counsel: The Entities encourages You to consult with independent legal counsel regarding the legal significance and enforceability of these Documents, as well as the impact of any modifications to the Documents regarding the same.
(4) Hold Harmless Agreement: You agree to hold The Entities and all of its successors, heirs, assigns, subsidiaries, affiliates (For the purposes of this Agreement, ‘affiliate’ means any entity that directly or indirectly controls, is controlled by, or is under common control with the individual or company in question. Control means the power to direct the management or policies of an entity, whether through ownership of voting securities, by contract, or otherwise.), associates, officers, directors, employees and agents completely harmless and not liable and release them from all liability whatsoever on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of the use of the Documents.
(5) Restriction on Resale and Redistribution: You acknowledge and agree that as a condition of the purchase or receipt of the Documents, Neither You, nor any company of which You are a principal owner, nor any affiliate of any such company, shall sell, license, sublicense, give away, donate, assign, or otherwise transfer the Documents, or any copies or derivative works thereof, to any third party for any reason whatsoever. The Documents are for the exclusive internal use (For the avoidance of doubt, ‘use’ shall mean utilizing the Documents solely for the internal business operations of the individual or entity who originally purchased or received the Documents, and specifically excludes any form of distribution, sharing, or making available to any third party.) of the individual or business entity specifically purchasing or receiving them. In the event of any breach of this restriction on resale and redistribution, The Entities shall be entitled to injunctive relief (i.e., a court order stopping the prohibited activity) and monetary damages, including but not limited to actual damages, lost profits, and attorneys’ fees. The Documents are protected by copyright law, and all rights are reserved by The Entities. The agreement to abide by these restrictions is a material condition of the sale/transfer of the Documents, and The Entities would not sell/transfer the Documents without this agreement.
(6) Colorado Springs Restriction: You further acknowledge and agree that neither You, nor any company of which You are a principal owner that has its principal place of business within Fifty (50) miles of a Restricted Location (as defined below), will use the Documents, or any modifications thereof, to enter into a contract or agreement with any third-party for the rental of, or management of, a motor home or recreational vehicle. For the purposes of the foregoing, a “Restricted Location” shall mean Colorado Springs, Colorado.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.
- Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be resolved by [Binding Arbitration/Mediation] in Colorado Springs, Colorado, in accordance with the rules of the [American Arbitration Association/Relevant Mediation Organization].
- Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Entire Agreement: This Agreement constitutes the entire agreement between you and The Entities with respect to the Site and the Documents and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
- Modification of Agreement: The Entities reserves the right to modify this Agreement at any time. Your continued use of the Site or purchase of Documents after any such changes constitutes your acceptance of the new Agreement. It is your responsibility to review this Agreement periodically for changes.
- Contact Information: If you have any questions about this Agreement, please contact us at [email protected].