Last Update: May 9, 2019
1) Intellectual Property Notices
All content on the Services, including the logo, Marks (defined below) articles, documents, designs, specifications, other text and graphics on the Services (collectively, the “Services Content”) is the intellectual property of Airstream or its licensors. The Services Content available on these Services is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Services Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Airstream. You may view, print, copy, and download portions of the Services Content solely in connection with your use of the Services, and solely for your own individual, internal, non-commercial use or records. Airstream reserves the right to revoke this authorization at any time.
You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Airstream.
The AIRSTREAM name, the configuration and appearance of AIRSTREAM® recreational vehicles, product brand names (including BAMBI®, BASECAMP®
2) Service Eligibility
You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed by Airstream; (c) are not a direct competitor of Airstream; (d) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Services is at your own risk. The Services may not be appropriate or functional for use outside the United States of America and Canada. Users located outside the United States and Canada use the Services understanding this limitation.
3) General Terms and Conditions
You must provide correct and complete personal and business information as requested by us in the Airstream registration process. As part of your use of the Services, you may be required to submit certain content (including any name, contact information, business information, and other personal information), as well as any reviews, comments, photos, videos, and other content, submit suggestions, ideas, questions, or other information (collectively, “User Content”). By submitting any User Content to us, you represent and warrant that such User Content is accurate, complete, and current; does not violate any other sections of these Terms; and is neither in violation of any contractual restrictions nor in violation any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right.
Airstream exercises no control over any User Content you or others submit while using the Services. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any User Content you or others submit while using the Services. Airstream has no obligation to verify the identity of any users when they access the Services or to supervise the User Content provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Airstream by contacting us at the information provided below.
You are responsible for the security of your password and user ID. Keep your password confidential, do not use other users’ accounts, and do not let others use your account; you are responsible for anything that happens through your account even without your permission.
You are prohibited from selling, trading, or otherwise transferring your Airstream account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the Services, or any information therein.
You are prohibited from registering or creating an account for any entity or individual other than yourself, unless you are expressly authorized to create accounts on behalf of the entity or individual.
You acknowledge and agree that when you purchase merchandise from Airstream, or provide contact information to Airstream via the Services, we may send you information and notices regarding our Services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
You acknowledge, consent, and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Airstream, its users, and the public.
4) Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
5) Copyright Infringement
Notices of Copyright Infringement
We will respond promptly to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (provided below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
If you fail to comply with all of the requirements, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (provided below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
6) Product Descriptions, Information, Errors, Inaccuracies, and Omissions
The Site may provide information about AIRSTREAM® recreational vehicles (“Recreational Vehicles”). The Site may also provide information about products other than Recreational Vehicles (“Merchandise”) which Airstream may offer for sale through the Site. Airstream attempts to be as accurate possible when describing a product offered via the Services. Airstream, however, does not warrant that product descriptions, pricing, promotions, offers, availability, or any other Services Content are accurate, complete, reliable, current, or error-free.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
The colors and styles of our products that appear on the Site are presented as accurately as possible. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
The Site contains information about AIRSTREAM® Recreational Vehicles. Airstream sells recreational vehicles through independent dealers, and Airstream does not sell Recreational Vehicles via the Site. The depictions of Recreational Vehicles on this Site are for general information purposes only. Since we continually strive to improve our products, actual products may differ and prices and specifications are subject to change without notice. Product information, specifications, and photography about recreational vehicles may contain some features that are optional. All capacities about Recreational Vehicles are approximate and dimensions are nominal. Some features or options for Recreational Vehicles may be different or unavailable outside of the U.S.
There are a number of options for the Recreation Vehicle owner. Along with these choices comes the responsibility to manage the loads that are imposed by the choices so that they remain within the manufacturer’s specified chassis weight limits. Do not overload the Recreational Vehicle. Dry weights are based on standard features; optional equipment not included. Net carrying capacity (NCC) is determined by subtracting unloaded vehicle weight (UVW) from gross vehicle weight (GVWR) and does not include fluids, options, and cargo.
Warning: Any information provided on this Website is intended as a guide only. Weights of individual vehicles may vary. Consult your owner’s manual for complete loading, weighing, and towing instructions.
Notwithstanding anything to the contrary anywhere else in these Terms, this Site is not an offer to buy or sell Recreational Vehicles. Unless otherwise stated, any Recreational Vehicle pricing information displayed is in U.S. dollars and pertains only to Recreational Vehicles which may be offered for sale in the U.S. The pricing information typically reflects MSRP and may change without notice and may vary across the U.S. and among dealers. Recreational Vehicle pricing information does not reflect other applicable charges, fees, title costs (if any), and taxes. Additional terms and conditions may apply to the sale of Recreational Vehicles.
Products other than Recreational Vehicles.
While Airstream does not offer or sell Recreational Vehicles through the Site, Airstream may offer other non-recreational Merchandise for sale through the Site. Merchandise may be provided by third parties. Airstream attempts to be as accurate possible when describing Merchandise offered via the Services. Airstream, however, does not warrant that Merchandise descriptions, pricing, promotions, offers, availability, or any other Services Content are accurate, complete, reliable, current, or error-free. In the event of a discrepancy between the Merchandise as described on the Site and the Merchandise received, the customer’s sole remedy will be to return the Merchandise, subject to Airstream’s Return Policy.
7) Purchases, Payments, Return & Refund Policy
Order Acceptance and Billing
Airstream reserves the right to refuse any order you place via the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
With respect to items sold by Airstream, we cannot confirm the price or availability of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
Promotional codes are limited in nature and may expire or be discontinued without notice. Promotional codes are void where prohibited by law. Promotional codes are not redeemable for cash and may be cancelled or changed at any time, for any reason, without notice. Promotional codes may not be copied, sold, or transferred. Airstream reserves the right, in its sole discretion, to impose conditions upon the offering of any promotional code.
Any payments made to Airstream via the Services shall be subject to Braintree’s Payment Services Agreement (available at https://www.braintreepayments.com/legal).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AIRSTREAM AND ITS SUBSIDIARIES, PARENT COMPANY, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES, AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SERVICES, OR YOUR USE OF OR CONNECTION TO THE SERVICES (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
9)DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THE SITE, THE SERVICES, CONTENT, MATERIALS, PRODUCTS, FUNCTIONALITY, OTHER ITEMS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY AIRSTREAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. AIRSTREAM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AIRSTREAM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICES, SERVICES CONTENT, MATERIALS, PRODUCTS, FUNCTIONALITY, OTHER ITEMS, AND SERVICES..
AIRSTREAM MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SERVICES CONTENT, MATERIALS, PRODUCTS, FUNCTIONALITY, OTHER ITEMS, AND SERVICES. PURCHASED OR OBTAINED FROM THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES, WILL BE CORRECTED. IN PARTICULAR, THE SERVICES’ OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. AIRSTREAM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AIRSTREAM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES, DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SERVICES CONTENT FROM AIRSTREAM, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
AIRSTREAM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES, WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SERVICES, OR IN CONNECTION WITH THE SERVICES CONTENT, OR ANY SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
AIRSTREAM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES BY OTHER USERS; THEREFORE, AIRSTREAM DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF AIRSTREAM.
Airstream does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES. Airstream, in our sole discretion, may interrupt the availability, accessibility, or usability of THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES, without notice, at any time, without any liability.
10) LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, AIRSTREAM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH AIRSTREAM, EVEN IF AIRSTREAM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES OR ANY SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) SERVICES CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY, OR DISTRIBUTE.
12) Limitation of Time to File Claims
13) Termination of Service
We reserve the right, at our sole discretion, to terminate any and all services provided to you at any time without notice for any reason. We also reserve the right, at our sole discretion, to discontinue any service or modify any service without notice, at any time, and without liability. We reserve the right, at our sole discretion, to terminate services to you, and to deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. You agree that any material breach of this Agreement will result in irreparable harm to Airstream for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Airstream will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Airstream seeks such an injunction.
14) Advertisements and Promotions
Airstream may run advertisements and promotions from third parties on the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Airstream found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Airstream is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Airstream advertisers on the Services.
15) Third Party Content
You may find links to other Internet sites or resources on the Services, or the Services Content. You acknowledge and agree that Airstream is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any of the Services Content, advertising, products, or other materials on or available from such sites or resources. Airstream will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Services Content, goods or services available on or through any such site or resource.
16) Use of Third Party Applications
Airstream uses third party applications, hardware, software, and services in providing the Services to you. For the purposes of providing the Services to you—including but not limited to, making purchases, fulfilling orders, shipping orders and processing payments — Airstream will pass data—including, but not limited to, user login credentials, contact data, email addresses, payment information, and other stored information — to third parties. Airstream is not required to disclose third parties involved in any of the above-described transactions or features.
17) Controlling Law
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.
18) Entire Agreement
19) Questions, Comments or Concerns
The Services are provided and operated by Airstream, Inc., 419 West Pike Street, P.O. Box 629 Jackson Center, OH 45334-0629.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed
Any notices related to copyright infringement must be sent to our Copyright Agent:
419 W Pike St
Jackson Center, OH 45334
Email: [email protected]
Copyright © 2019 Airstream, Inc. All Rights Reserved.