Terms of Use & Privacy Policy

TERMS OF SERVICE

PLEASE CAREFULLY READ THESE TERMS OF SERVICE. YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THIS SITE OR OUR SERVICE(S).

Use of Site and/or Service

Registration Requirements

Account Responsibility

Privacy and Release of Information

Member Conduct

Content

Site Security and Conduct

System and Network Security

Intellectual Property Rights

Notification of Claims of Infringement

Representations

Disclaimer of Warranty

Links to Other Website

Affiliate Disclosure

Indemnity

Limitation of Liability

Consequences of Violation of Terms

Use of Site and/or Service. This Website and Portal and the services provided (collectively, “Site”) are maintained and operated by Norths Edge RV Resort and Marina LLC (“Us,” ‘We,” “Our” or “Company”) with an address at 263 Arthur Street, Manistee, MI 49660. We offer this Site for you to view information and documents (collectively, “Materials”) and message boards (“Community”, “Communities”, “Community Website”, “Discussion Groups” and “Discussions”) and make purchases of Our products and services. Please note that you must be at least 18 years of age to use the Services on this Site. If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use this Site or these Services automatically terminates.

We may revise these Terms of Service at any time without any prior notice and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the Site. You are responsible to return to the Terms of Service from time to time to review the most current terms and conditions. We may notify you by either posting a new version of these Terms of Service, updating these Terms without a separate notice, or notifying visitors on the website that a new version has been posted.

Registration Requirements. Access to the Site is not restricted except for prohibiting those under 18 from using Our Site (see also #7 in Our Privacy Policy). However, access to certain online Communities on the Site may be further restricted at any time. To the extent access is restricted, you shall not access or use the online Community or permit or enable anyone else to access or use the online Community, unless you or such other person, are properly authorized to do so.  Should you voluntarily provide an e-mail address, the Site may offer to send blog updates to your e-mail.  Providing such an e-mail represents express consent for us to send e-mails to you.

Account Responsibility. To the extent this site has user accounts, users are solely responsible for protecting their accounts from access by others. If any Site features are password protected, you are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site.

Because of this rule, it is highly recommended that Community Users do not share their accounts with others nor share their computers used to access the Site with others, as the actions of some other person could easily directly impact all known shared Community accounts.

Should a User be temporarily blocked from the Site based on violations of the Terms, we ask that they comply with the banned period. Permanent bans will result from Users “hacking” their way onto the Site using Proxy IP addresses, among other means.

Privacy and Release of Information. Under normal circumstances, we will not release your provided information to any third party without your consent. However, in cases of Terms violations or illegal activities, We reserve the right to forward any and all known information about you and your accounts to your ISP (including libraries, schools and places of employment), e-mail service provider, your ISP account owner (if someone else is actually paying for it) and any parties whose copyright has clearly been infringed by your actions on the boards or requests from law enforcement authorities.

All of the information that we collect from you, such as registration and credit card information, is subject to our Privacy Policy. Please CLICK HERE to see our full Privacy Policy.

Member Conduct. We reserve the right to remove any user-generated content or blog postings for any reason or no reason, including if we deem it offensive, scandalous, advertising or untrue/misleading.  Further, you agree that you will not use the Site to perform any of the following actions, including but not limited to:

Violate Anti-Trust Law

Direct or encourage Users (as hereinafter defined) to make an agreement intended to expressly or implicitly restrict free trade or competition. User postings (“Postings”) are or may be subject to antitrust laws. The following topics are prohibited (among others): commission rates, contingency bonuses, profitsharing arrangements  or other forms of remuneration paid to agencies by any particular company or consulting fees charged by any particular agency. There is to be no discussion relating to the possibility of agents engaging in concerted actions to boycott any particular company or companies in terminating contracts, ceasing to write or reducing the writing of one or more lines of insurance.

Offensive Posting

Posts of a patently offensive nature are prohibited. This includes, but is not limited to: using vulgar, profane or sexually explicit language.  Using race, religion, sexual orientation, culture, ethnicity, handicap, nationality or gender as a means of insult.  Using sexual preference terms as a term of insult in any way, shape or form.  Using threatening, harassing, defamatory, hate-speech or libelous language.  Posting or requesting links to or material from pornographic, obscene or hate-speech websites.  Posting links to websites with potentially offensive content without a clear warning.  Descriptions or details about any sexual act or sexual organs, among others.

Posting Content From Other Websites

Any content you post on our Site must be your original work. If it is owned by another, you must have prior written authorization from the copyright owner. If you post content from another source, please include a link back to the original content. Please refrain from posting private messages without a User’s prior explicit written permission. Private messages from administration posted to threads will be removed.

Flaming (Insulting Other Users)

Posts clearly insulting, calling out, provoking or harassing other Community members, individually or as a group, directly or indirectly, are prohibited. This includes, but is not limited to: name-calling (“you’re an idiot”, “you moron”); direct insults (“screw you”); offensive orders or statements (“go kill yourself’); insinuations (“are you stupid or something?”); or insults towards family (“your mom …”), among others.

Trolling (Inciting Flames)

Posts intended solely to annoy and/or offend other posters by going against the clear nature of a Community or topic are prohibited. This includes, but is not limited to:  Provoking other Users to respond with flames; Constant bickering/arguing; making misleading topic titles; asking obviously useless questions; posting false information as fact; among others.

Illegal Activities

Posts that violate or incite others to violate the law are prohibited. This includes, but is not limited to, asking for or providing, in any way, shape or form; illegal copies of copyrighted software; methods of circumventing copyright protection; illegal copies of copyrighted music; movies, videos or any other type of media; reprints of material from other websites without rights to do so and full attribution to the source; and, methods of cheating in online games, among others.

Advertising

Posts that clearly advertise a service or product are prohibited. This includes, but is not limited to: unsolicited commercial or personal website advertisements; for-sale/for-trade/for-auction/wanted notices (unless in a specific forum or “classified” section for such topics); “Make Money Fast” scams, chain letters and pyramid schemes; and Advertising for another message board or competing online community, among others. Users are allowed to include a website address in a signature, request comments on their personal site in a social setting or provide interesting or relevant links to another site.  We reserve the right to disable or mask links at any time and for any or no reason.

Disruptive Posting

Posts that disrupt the Community for other Users, intentional or not, are prohibited. This includes, but is not limited, to:  Message posts or topic titles that force browsers to scroll horizontally; large blank or content-free posts; “bumping” multiple older topics (posting in them well after the last post) Posting multiple identical or near-identical messages or topics; intentionally hard-to-read topic titles (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation, etcetera); posting multiple hard-to-read or nonsensical messages  in a single or multiple topics; posting large ASCII art (except in social topics specifically calling for it); post counting (i.e. “First”, “100th Post”); and flooding, invading and community wars. Users may be immediately banned (along with any associated accounts) for: flooding a Community with multiple disruptive topics or posts; invading another Community (flooding a discussion as a group with multiple topics or posts; instigating, participating in or retaliating in an invasion of a discussion board or any other online service; announcing or inciting a “war” or any conflict with the members of another Community, among others.

Impersonation

Users may be immediately banned (along with all associated accounts) for impersonating  other Community Users by creating and/or using a Community  account with a name clearly intended to impersonate, mock or antagonize another User or otherwise falsely claim to be another Community member.

Harassment/Stalking/Privacy

Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive or hostile environment on the boards, with or without use of explicit or implicit threats is strictly prohibited. Posting private information without permission is also prohibited. Posts inquiring about temporarily suspended or banned Users (for example: “free this User” or “why did this User get banned”) will be removed and poster issued a warning. Continued posts of this nature will result in suspension.

Unauthorized Access

Accessing or attempting to access any User account not belonging to the User in question without permission is prohibited. Accessing another User’s account in this manner is grounds for immediate loss of all known accounts.

Bugs and Exploits

Using exploits or tricks in our site code to gain privileges, access or abilities not clearly intended by the board design is prohibited.  Making exploits public or using them for personal benefit is grounds for immediate loss of all known accounts.

Usernames, Profiles and Forms

Violating any of the above rules with a username, any part of the User profile (signature, quote, email, IM or via feedback forms (such as the Mark for Moderation function)) is prohibited.

Other

At our sole and absolute discretion, any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its Users is prohibited.

Content.

Ownership

Our Site includes a combination of content that We create, that Our partners create and that Our Users create. All Materials published on Our Site, including, but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and Flash animation, are protected by Our copyrights and trademarks or those of Our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the Materials or content on Our Site in whole or in part. If you would like to request permission to use any of the content on Our Site, please send an email to info@nervresort.com.

The Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Site are also copyrighted works.

By posting content to the Site, you automatically grant us the right to use, copy, modify, adapt or publish the content that you post, including for purposes of advertising and publicity on the Site and elsewhere. You agree that we are under no obligation to pay you for your posting. By your posting, you receive consideration in terms of the publication of your post and the goodwill surrounding your content.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit or otherwise make available on Our Site (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant Us, Our affiliates and Our worldwide partners an irrevocable, royalty-free, nonexclusive, sublicensable  license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on Our Site, (ii) distributing Your Content either electronically  or via other media, to Users seeking to download or otherwise acquiring it and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium or technology now known or later developed, including print publication.  By posting on this site, you agree to formally execute any additional documents or agreements necessary to transfer and/or license your rights to Us, should it become necessary.

Accuracy

Our Site contains content that We create as well as content provided by third parties. We do not guarantee the accuracy, the integrity or the quality of the content on Our Site and you may not rely on any of this content. Without limitation, We are not responsible for postings by Users in the Communities, feedback, Comments or Guest Book sections of Our Site.

By viewing the Site content, you agree that all content on Our Site is the responsibility of the person from which the content originated. You agree that neither We nor Our sponsors or affiliates are responsible for any content that you or another user personally posts or uploads. We do not control any content posted on the boards and do not guarantee the truthfulness or quality of any content. You agree that while using the Site, you may be exposed to content that is offensive or objectionable  and that you will in no way hold Us nor Our sponsors or affiliates liable in any way, shape or form for any harm or loss that may come to you or others as a result of viewing this content.

Offensive Content

You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate and you bear all risks associated with either viewing or using that content. Following Our notification in writing of the existence of such purported objectionable content, we have the right, but not the obligation, to remove any content that may, in Our sole discretion, violate these Terms or that is otherwise objectionable.

We are not responsible for screening content before it is posted.

Site Security And Conduct. Any Material We upload to this Site will be accessible to all Users of the Site (“Users”). We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Site is expressly prohibited. You agree to comply with all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User ID, password (if any), and e-mail address.  To the extent there is any password for the site, you must protect the confidentiality of your password and you must change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access–either intentionally or unintentionally–by sharing your User ID or password. Further, by way of example and not as a limitation, you agree not to:

1. Use the Site in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
2. Harvest or otherwise collect information about others, including e-mail addresses, without their prior written consent;
3. Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
4. Transmit through the Site any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
5. Transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots or any other harmful or deleterious programs or scripts;
6. Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Site;
7. Interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
8. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means;
9. Interfere with another User’s use and enjoyment of the Site; or
10. Use or attempt to use the Site to connect to any site that has been identified by the United States Government as a terror organization or recruiting site for any such terrorist organization.

System and Network Security. Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Site. You are solely responsible for any breaches of security affecting the servers under your control.

Intellectual Property Rights. The Site is protected to the maximum extent permitted by copyright and trademark laws and international treaties. The Content of this Site and related pages is Our copyrighted property. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.

Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please notify Our agent for notice of claims of copyright or other intellectual property infringement at: info@nervresort.com with a copy to jroberts@fraserlawfirm.com.

Please provide the following information:

1. Identify the Material on the Site that you claim is infringing in sufficient detail so that We can find it;

2. Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent or the law;

3. Include the specific statement in which you declare, under penalty of perjury, that: (a) the information you have provided is accurate and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 

4. Your address, telephone number and email address; and

5. Your physical or electronic signature.

To the extent applicable, we will remove the infringing content according to the procedures outlined in the Digital Millennium Copyright Act of 1998.

Representations. You represent and warrant that you will not hold Us responsible for the quality, safety or accuracy of the Materials on the Site. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and Materials found or offered on this Site for any purposes. You acknowledge that such information and Materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you are aware of any relevant errors, inaccuracies or discrepancies, including pricing discrepancies please alert Us at info@nervresort.com.

Disclaimer of Warranty. WE SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,  THE WARRANTIES  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY  RIGHTS TO THE FULLEST EXTENT PERMITTED  BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM  ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY,  TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND INFORMATION AND MATERIALS ON THIS SITE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED  ON OUR SITE OR ACCESSED THROUGH ANY LINKS ON OUR SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS SITE MEET YOUR SPECIFIC REQUIREMENTS. THIS SITE IS PRESENTED “AS IS” WITH ALL FAULTS. YOU USE THE INFORMATION ON AND USE PRODUCTS AND SERVICES ADVERTISED OR DISCUSSED ON OUR SITE AT YOUR OWN RISK.

Links to Other Websites. The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that We endorse these third-party sites or any materials they contain. Of course We do not control and thus are not responsible for, the availability, accuracy, privacy policy or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

Affiliate Disclosure. Norths Edge RV Resort and Marina LLC allows RVING IS BEING LLC to use affiliate links to RVshare.com, meaning if you go through them to make a purchase, RVING IS BEING LLC will earn a commission at absolutely no extra cost to you.

Indemnity. You agree to indemnify and hold Us, Our officers, subsidiaries,  affiliates, successors, assigns, directors, officers, agents, service providers,  attorneys, suppliers and employees, harmless from all claims or demands, including reasonable  attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Site, your use of the Site, your violation of the Terms, your breach of any of the representations  and warranties in these Terms or your violation of any rights of another person or entity.

Governing Law. You further consent that this Agreement is governed by and shall be construed in accordance with the domestic internal laws of the State of Michigan, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out the use of this Site.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers.

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.

Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE OR THE INTERRUPTION,  SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE SITE, OR ANY OTHER CAUSES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS YOU RECEIVE THROUGH OR THAT ARE ADVERTISED IN CONNECTION WITH OR ON THIS SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. ALL USERS CANNOT RELY ON THIS SITE FOR LEGAL, TAX, DRIVING, VEHICLE OPERATION, VEHICLE MAINTENANCE, OR OTHER ADVICE AND YOU AGREE THAT WE ARE NOT PROVIDING ANY SUCH ADVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND SOME OF THE FOREGOING LIMITATIONS  MAY NOT APPLY TO YOU.

Consequences of Violation of Terms. We may, without prior notice to you, immediately suspend and/or terminate your access to the Site or remove any materials transmitted via the Site if We discover facts that lead Us to believe the Site is being used in violation of these Terms. You agree to cooperate with Our investigation of any suspected violation of these Terms. We may attempt to contact you prior to your suspension and/or termination; however, prior notification is not required.