RV Complete Club
Terms and Conditions with Arbitration Agreement
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IN CONNECTION WITH YOUR RV COMPLETE CLUB SUBSCRIPTION (“SUBSCRIPTION”). PLEASE NOTE THAT YOUR SUBSCRIPTION IS SUBJECT TO ALL OF THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT SUBSCRIBE TO RV COMPLETE CLUB.
By becoming a subscriber (a “Subscriber” or “you” or “your”) of the RV Complete Club (the “Club”) and by participating in the Club, you (i) represent that you are 18 years of age or older, and (ii) have read, understand, and agree to the following Complete Club Terms. The Club is sponsored by RV Complete Club, LLC, on behalf of itself and for its subsidiaries and affiliates (“RV Complete Club” or “us” or “we”). The Club Terms of Use and Privacy Policy form part of these Terms and are expressly incorporated herein by this reference. In the event of a conflict between these Terms and the Terms of Use or Privacy Policy, these Terms shall govern solely with respect to the Club.
- RV Complete Club Subscription
When you subscribe to the Club and your account is in good standing, it allows you to receive certain benefits, coupons, and discounts, as more fully described in these Terms. A one-year Subscription is required in order to receive all benefits.
- Eligibility. You must be at least 18 years of age to become a Subscriber. Subscription is limited to one individual person per registered recreational vehicle in the fifty (50) United States (including the District of Columbia) (the “Eligibility Area”). Residents of Puerto Rico and all other U.S. territories are not eligible for the Club and may not become a Subscriber.
- How to Subscribe. To subscribe, using the RV Complete App or through the RV Complete Club website, you must provide your name, phone number, home address, email address, recreational vehicle information (e.g. make, model, and VIN), and payment information when prompted to do so. Note that if the address where your recreational vehicle is registered changes and is within the Eligibility Area, your subscription will transfer to that new address. If your recreational vehicle’s registration address changes to be outside of the Eligibility Area, you may cancel your subscription pursuant to Section 1.G. below.
- Club Fees. Applicable Club fees will be charged upon enrollment in the Club (“Annual Fee”). The Annual Fee excludes applicable taxes. We reserve the right to change the Annual Fee at any time. Changes in the Club Annual Fee will apply to new Subscriptions and renewal of existing Subscriptions if you do not cancel. The Subscription Annual Fee is non-refundableunless prohibited by law. Your Subscription is valid for the applicable Subscription duration from the date of enrollment (“Term”).
- Free Introductory Trial and Promotional Rates. Your Subscription may begin with a free trial (the “Free Introductory Trial”) for new subscribers for a period of time specified when you purchase a recreational vehicle or register for the Club. You must provide a credit card or other payment method at sign-up to ensure uninterrupted access to the Subscription at the end of the Free Introductory Trial when you subscription automatically converts to a paid Subscription. Prior to the expiration of the Free Introductory Trial, RV Complete Club will send you a reminder notice regarding the expiration of your Free Introductory Trial and instructions on how to cancel your Subscription prior to being charged the Annual Fee. If you do not cancel, RV Complete Club will charge your payment method the Annual Fee at the end of the Free Introductory Trial and on a recurring basis until cancelled as described herein.
If your Subscription includes a promotional rate or other discounted price offer, you will be charged the promotional rate for the relevant number of billing periods, and, upon completion of that period, your Subscription will continue to automatically renew at the then-applicable full rate.
You are only permitted one Free Introductory Trial or discounted price offer. If your Subscription ever terminates for any reason and you resubscribe to the Club, you will not be eligible for a Free Introductory Trial or discounted price offer on such second Subscription. For combinations with other offers, restrictions may apply.
- Subscription Automatically Renews.
- Unless you or RV Complete Club elect not to renew this Subscription, the Subscription will automatically renew for additional one (1) year periods (each a “Renewal Term”) provided RV Complete Club timely receives payment of the Annual Fee for such Renewal Term, in accordance with these Terms. At least thirty (30) days prior to the expiration of the initial Term or the then-current Renewal Term, as applicable, (the “Expiration Date”), or as otherwise required by applicable law, RV Complete Club will provide you with notice of the terms of your Subscription renewal, including any change(s) to the applicable Annual Fee and material changes to these Terms, if any. If you do not contact RV Complete Club to cancel your Subscription at least five (5) days prior to the Expiration Date, your Subscription will automatically renew, and we will charge the credit card, debit card, or other approved payment method we have on file for you. You may cancel automatic renewal of this Subscription at any time by using the RV Complete App, using the RV Complete website, calling 1-844-326-3432, or emailing RV Complete Club at [email protected].
- You authorize RV Complete Club, or third-party payment processors that RV Complete Club may use, to charge, collect, and process payments for Annual Fees pursuant to this Subscription to the credit card, debit card, or other approved method of payment you provided to RV Complete Club. This is a continuing authorization which will remain in full force and effect until the earlier of: (A) your withdrawal of consent to these automatic recuring charges (which may be withdrawn at any time); or (B) the termination or cancellation of this Subscription.
- The recurring charge authorization may be withdrawn either: (A) by using the RV Complete App and navigating to “Account Services”; (B) by filling out the cancellation form on the RV Complete website; (C) by contacting RV Complete Club at 1-844-326-3432; or (D) by emailing RV Complete Club at [email protected]. You understand that this authorization in no way limits any rights you may have under federal law to stop payment of a preauthorized electronic transfer by contacting your financial institution. You agree to notify RV Complete Club by email at [email protected] of any changes to the payment method, or termination of this authorization, at least five (5) days prior to the Expiration Date. The origination of ACH transactions and electronic transactions must comply with the provision of U.S. law and applicable network rules. Each payment will be processed in U.S. dollars. To the extent you receive a replacement credit card, debit card, or other approved method of payment from your financial institution, you authorize RV Complete Club to receive and use such updated replacement information provided by your financial institution.
- Refund Policy. Except as expressly stated in these Terms, NO REFUNDS are provided upon any Subscription cancellation. You may cancel your Subscription (an authorization for recurring payments) at any time by using the RV Complete App, using the RV Complete website, calling 1-844-326-3432, or emailing RV Complete Club at [email protected]. Cancellation of any Subscription subject to auto-renewal must be made in advance of auto-renewal date to avoid recurring charges. The terms of Section 1.G. apply upon cancellation.
- RV Complete Club Non-Renewal. RV Complete Club reserves the right, in its sole discretion, not to renew this Subscription. If RV Complete elects not to renew this Subscription, RV Complete will provide you with notice of such non-renewal at your email address included when subscribing to the Club at least thirty (30) days prior to the Expiration Date, or as otherwise required by applicable law.
- Cancellation.
- You may cancel your Subscription at any time for any reason by using the RV Complete App, using the RV Complete website, calling 1-844-326-3432, or emailing RV Complete Club at [email protected]. Your cancellation will take effect at the time that your then-current Subscription expires.
- RV Complete Club may cancel this Subscription for any reason. If RV Complete Club cancels this Subscription, RV Complete Club will mail a written notice to you within fifteen (15) days of the date of cancellation. This Subscription is non-transferable.
- Complete Club Benefits
- Discounts. The Subscription is only for your personal use. Unless otherwise specified in the description of your Subscription plan during purchase, your Subscription entitles you to certain benefits available directly through RV Complete Club or our partners, which may include: (i) service, parts, and accessories discounts at participating Blue Compass RV dealerships; (ii) gasoline, diesel, propane, dump station, and RV overnight stop discounts at participating retailers; and/or (iii) discounts at participating campgrounds. For more information on Club benefits, available discounts, features, and experiences, please visit us at RVComplete.com or use the RV Complete App.
- How to Access Club Benefits. Subject to these Terms, Club benefits and discounts may be accessed using the RV Complete App, and such discounts may be redeemed at any time for qualifying purchases. Discounts are based on the pre-tax total of parts and labor costs. Sales tax, shipping, and handling do not qualify for a discount. Maximum savings is $200.00 in parts or repair order. Club benefits may not be combined with other coupons, discounts, or offers. Discounts may be subject to limitations on redemption, including, without limitation, availability and black-out dates, notwithstanding any errors in advertising to the contrary.
- Additional Complete Club Benefits. RV Complete Club, in its sole and absolute discretion, may periodically send offers to Subscribers. These offers may be referred to as “rewards” or “benefits” but may appear with different descriptions from time to time (collectively, “Special Benefits”). The number, type, and frequency of Special Benefits are based on a number of factors, each of which is subject to change without notice. Special Benefits are purely promotional offers, have no cash value, and do not constitute property of the recipient. To the extent permitted by applicable law, Special Benefits may have certain restrictions including expiration dates and short, time-limited redemption periods. Restrictions apply and items are subject to availability at participating locations. All Special Benefits must be redeemed prior to the stated expiration date to be valid. Determinations regarding redemption of Special Benefits are subject to the discretion of RV Complete Club. You may be required to present your Club account information in order to redeem the Special Benefits. Read each offer carefully for specific details, limitations, and restrictions.
Offers and applicable discounts from RV Complete Club partners are subject to change without notice and may be subject to additional terms and conditions. Such partners are independent entities and are not agents, employees, or subcontractors of RV Complete Club, and RV Complete Club is not responsible for their acts or omissions (including, without limitation, their solicitation efforts) or any products or services supplied by them (including, without limitation, the nature or quality of their products or services) or the marketing or application of discounts offered. RV Complete Club does not endorse the contents of any advertisements or offers of our partners providing offers or discounts to Subscribers. RV Complete Club assumes no liability, obligation, or responsibility for any offer or discount, including, without limitation, withdrawal or modification of any offer or discount. RV Complete Club is not liable or responsible for guarantees, warranties, and representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services or for changes or discontinuance of services from providers which may affect offers or discounts.
- Privacy Policy and Confidentiality
By subscribing to the Club, you consent to the collection, use and disclosure of your personal information as described in the RV Complete Club Privacy Policy, which also governs your access and use of any customer information transmitted between RV Complete Club and you. Subscribers may unsubscribe from RV Complete Club promotional emails at any time via the unsubscribe link in those emails. You may access the privacy policy here.
- Arbitration
PLEASE READ THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RV COMPLETE CLUB AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RV COMPLETE CLUB.
- Applicability of Arbitration Agreement. You agree that any dispute or claim that has arisen or may arise between us relating in any way to or arising out of this or previous version of these Terms, your use or access to the Subscription, or any aspect of your relationship with RV Complete Club will be resolved by binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify; and (2) you or RV Complete Club may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- Arbitration Rules and Forum. For any dispute with RV Complete Club in connection with this Subscription, you agree to first contact RV Complete Club at [email protected] and attempt to resolve the dispute with us informally. If the dispute has not been resolved after sixty (60) days, both parties agree to resolve such dispute through binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the Judicial Arbitration and Mediation Services (“JAMS”). JAMS may be contacted at jamsadr.com. The existence, content and result of the arbitration shall be held in confidence by all participants. The arbitration will be conducted by a single arbitrator selected by agreement of the parties or, failing such agreement, appointed in accordance with the JAMS rules. The arbitration shall be conducted in English and in Broward County, Florida, and the arbitrator shall apply the substantive law of the state of Florida without regard for principles of conflicts of laws. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay the JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, RV Complete Club will pay them for you. In addition, RV Complete Club will reimburse all such JAMS filing, administrative, hearing, and/or other fees for actions asserting claims totaling less than $10,000 in damages sought unless the arbitrator determines the claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have exclusive authority to: (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of the parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Subscription. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
- Waiver of Jury Trial. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARBITRATION AGREEMENT, YOU AND RV Complete Club HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION. You and RV Complete Club are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 4.A. and 4.D. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Subscription as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non–Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PURCHASER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PURCHASER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into the state or federal courts located in Broward County, Florida. All such claims shall be governed by the laws of the state of Florida without regard for principles of conflicts of laws. All other claims shall be arbitrated.
Right to Opt-Out. You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to RV Complete Club, 301 E. Las Olas Blvd., Ste. 700, Ft. Lauderdale, FL 33301, within thirty (30) days after first becoming subject to this Arbitration Agreement. You may also opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to the following email address: [email protected]. Your notice must include your name and address, and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other parts of this Subscription will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Judicial Forum for Legal Disputes. Unless you and RV Complete Club agree otherwise, in the event that Section 4.A. is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out, as a result of a decision by the arbitrator or a court order, or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and RV Complete Club must be resolved exclusively by a state, federal, or small claims court located in Broward County, Florida. You and RV Complete Club agree to submit to the personal jurisdiction of the courts located within Broward County, Florida, for the purpose of litigating all such claims or disputes. All such claims shall be governed by the laws of the state of Florida without regard for principles of conflicts of laws.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with RV Complete Club.
- Disclaimers, Indemnification, and Limit of Liability
- Disclaimers. You agree that use of the Subscription is at your sole risk. To the extent permitted by applicable law, the Subscription and all services and benefits offered therein are provided on strictly “as is” and “as available” bases. RV COMPLETE CLUB MAKES NO WARRANTY WITH REGARD TO ANY OFFERS, PRODUCTS, SERVICES, OR BENEFITS OBTAINED THROUGH THE SUBSCRIPTION. RV COMPLETE CLUB MAKES NO WARRANTY THAT THE SUBSCRIPTION OR THE BENEFITS WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DOES RV COMPLETE CLUB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUBSCRIPTION.
- Indemnification. You agree to release, defend, indemnify, and hold RV Complete Club and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any allegations, penalties, claims, liabilities, damages, losses, fines and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your use of the Subscription or violation of these Terms; (b) your breach of any obligation, duty, responsibility under these Terms; or (d) your breach of any applicable law.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR SUBSCRIPTION REMAINS WITH YOU. NEITHER RV COMPLETE CLUB, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SUBSCRIPTION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR SUBSCRIPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RV COMPLETE CLUB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL RV COMPLETE CLUB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR SUBSCRIPTION EXCEED THE AMOUNTS YOU HAVE PAID HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RV COMPLETE CLUB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATION OF LIABILITY OUTLINED IN THIS SECTION MAY NOT APPLY TO YOU.
- General Terms of Complete Club
- Contact. For questions regarding the Subscription or these Terms, please visit us online at RVComplete.com, use the RV Complete App, or contact us as follows:
RV Complete Club
301 E. Las Olas Blvd., Ste. 700
Ft. Lauderdale, FL 33301
1-844-326-3432
- Communication/Electronic Delivery. RV Complete Club may communicate with you via letter mailed to the last mailing address provided by you to RV Complete Club, by email to the email address you provide or use to communicate with RV Complete Club, or text message at any time. You must have reasonable access to hardware and software that meets the minimum standards necessary in order to view and retain the electronic records we are providing. By entering into this Subscription, you expressly agree to such communication methods, including the electronic delivery of documents to you, and agree that you hardware and software meet the following minimum requirements (which are subject to change): (1) Operating Systems: Windows® 2000, Windows® XP, Windows® Vista; or Mac OS® X; (2) Browsers: final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only); and (3) PDF Reader: Acrobat® or similar software may be required to view and print PDF files. All documents sent by RV Complete Club to you are subject to this consent, including but not limited to, all disclosures, declarations, Club forms, renewal notices, and termination or cancellation notices, except where applicable law requires notice by another means. All communications will be in English unless otherwise required by applicable law. You may withdraw your consent to receive documents electronically at any time or request paper copies by emailing RV Complete Club at [email protected] or by written request to RV Complete Club at 301 E. Las Olas Blvd., Ste. 700, Ft. Lauderdale, FL 33301.
- Your withdrawal of consent shall be effective within ten (10) days after receipt by RV Complete Club of your withdrawal request. Thereafter, delivery will be provided to you at the mailing address on file.
- Entire Agreement. These Terms constitute the entire agreement between you and RV Complete Club regarding the Subscription, superseding any prior agreements between you and RV Complete Club regarding the Subscription.
- Assignment. Unless prohibited by applicable law you may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms.
- Severability. If any provision of these Terms is held to be invalid or unenforceable under the law, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the other provisions shall continue in full force and effect.