Terms of Use

Updated Nov. 2023.

These Terms of Use comprise a binding agreement between you and Roadhaven Resort of Apache Junction (“Roadhaven Resort,” “We,” “Us” or “Our”) governing the use of the roadhaven.com website (the “Website”). By visiting, accessing or otherwise using the Website, you agree to comply with and be bound by these Terms of Use. If you do not agree with these Terms of Use, you must immediately stop accessing and using the Website. 

1. OWNERSHIP OF WEBSITE CONTENT
   All information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Website (collectively, “Content”) is owned by Us and various third parties. Nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without our written permission, except as expressly permitted in these Terms of Use. We and various third parties retain all right, title, and interest to any intellectual property in the Content, including registered and unregistered trademarks and copyrights.
2. OWNERSHIP OF YOUR CONTRIBUTIONS
   1. By sending Us any information, material or content (collectively, “Contributions”), you grant Us an unrestricted, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of the Contributions, and to make, have made, use, sell, offer for sale, and import any products or services or otherwise exploit the Contributions, in each of the foregoing, in Our discretion and without any accounting to you.
   2. Once a Contribution is submitted, you will have no right to prohibit, restrict, revoke or terminate any of the rights granted to Us. You are not entitled to and you will not receive any compensation or other consideration for Contributions or any use thereof, whether in whole or in part. You understand and agree that any use of Contributions by Us will not require any prior consent or approval prior to use. You hereby release Us and our affiliates and partners from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits that you may or can have in connection with Contributions, including, without limitation, any and all liability for any use or nonuse of Contributions, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
3. Subject to the terms of our Privacy Policy with respect to your personal information, you acknowledge and agree that any Contribution you submit via the Website may become public information and it shall be deemed to be provided on a non-confidential basis, including but not limited to feedback, comments, questions, suggestions and the like. You should always use caution when submitting personal information about yourself or third parties in any online medium. We are under no obligation to use Contributions and may remove any such Contribution at any time at our sole discretion. We shall be free to reproduce, use, disclose and distribute any Contributions for any purpose whatsoever, including but not limited to marketing, advertisement, and promotional materials. The material you submit must be your own or work to which you have permission to sublicense. You represent and warrant that you own or otherwise have permission to submit Contributions and grant Us the rights described above.

3a. LICENSE TO USE; PROHIBITED ACTIVITIES
1. Subject to your continued compliance with these Terms of Use, We grant you a personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Content for your personal, informational and non-commercial use, subject to the restrictions below.

2. You agree not to reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, or create derivative works of the Website or its Content, other than for private, non-commercial use, and except to the extent permitted with prior written consent from Roadhaven Resort.
3. You agree not to use automated means to trawl, mine, scrape, frame, mirror or otherwise collect or download data from the Website or Our systems.
4. You agree not to distribute viruses or any other programs that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You also agree not to attempt to gain unauthorized access to any of Our systems. You agree not to cause harm, harass anyone or do anything that may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Website.
5. You agree not to infringe, violate or misappropriate the intellectual property or other proprietary rights, rights of publicity or privacy or any other rights of Us, or of any other person, firm or enterprise, whether arising under the jurisdiction of the United States or under any other local foreign laws.
6. The registered or unregistered trademarks, service marks, trade names, symbols and logos of Roadhaven Resort of Apache Junction or Our affiliates and partners (collectively, the “Marks”), whether used or displayed on the Website are the sole and exclusive property of Us, Our affiliates or Our partners, as applicable. Additionally, the registered or unregistered trademarks, service marks, trade names and logos of third parties used or displayed on any of the Websites (“Third Party Marks”) are the sole and exclusive property of the applicable third party. Notwithstanding anything in these Terms of Use to the contrary, you will not use any of the Marks or the Third Party Marks without the prior written consent of the applicable owner of such marks. Without limiting the generality of the foregoing, you may not use any language or pictures that could, in Our reasonable opinion, imply any endorsement by or agency relationship with Us or Our affiliates in any (i) written, electronic, or oral advertising or presentation, or external sales meeting, or (ii) brochure, newsletter, book, electronic database, external testimonial quotation, thank you letter, reference letter or other communication of whatever nature. You agree not to remove any trademarks, copyright notices, or any other intellectual property or proprietary rights notice or marking contained in any Content or this Website.
7. No license to, or right in, any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Roadhaven Resort and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein.

3b. CREATING A LISTING

All Real Estate Sales or Rental listings must be listed under the homeowner’s Roadhaven.com account. If the homeowner does not have an account, one must be made in their name, with their contact information.

3c. LISTING ON BEHALF OF A HOMEOWNER 

Anyone who lists a property For Sale or Rent must do so under the homeowner’s Roadhaven.com account. Real Estate Agents, Agencies, and Property Managers must be the legal representative of a property to list a home or lot under their Agent/Agency roadhaven.com account.

3d. NO EXCEPTIONS
Even if you are a Real Estate Agent, Agency, Brokerage, Property Manager, etc., if you are not the Home Owner’s hired Real Estate agent, you may only create Real Estate and Rental listings under the Home Owner’s registered Roadhaven Resort account.

3e. USER/IP BAN

Agents, Agencies, or any other entity that lists homes it does not legally own or represent will have their user account and IP address banned from future use.

4. COPYRIGHT VIOLATIONS
5. If you are a copyright owner or an agent thereof and believe that any Content on the Websites infringes upon your copyrights (“Posting”), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent (identified below) with the following information in writing:
   · A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
   · Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   · Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
   · Information reasonably sufficient to permit Us to contact you, such as an address, telephone number or email address;
   · A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
   · A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Only claimed infringement notifications may be sent to the Copyright Agent at webmaster@roadhaven.com.
7. If you believe that your Posting that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Posting, you may send a counter-notice containing the following information to the Copyright Agent:
   · Your physical or electronic signature;
   · Identification of the Posting that has been removed or to which access has been disabled and the location at which the Posting appeared before it was removed or disabled;
   · A statement that you have a good faith belief that the Posting was removed or disabled as a result of a mistake or a misidentification of the Posting; and
   · Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
8. LINKS TO THIRD-PARTY WEBSITE
   This Website may contain content and hyperlinks to other sites owned and operated by parties other than Us, including but not limited to hyperlinks and third-party content related to products and services offered and provided by parties other than Us. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Us, you acknowledge and agree that We are not responsible for and not liable for the content, products, services and other materials on or available from such websites, or for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such website. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are under no obligation to maintain any link on this Website and may remove a link at any time in Our sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. We are not responsible for the privacy practices of any other websites.
9. ROADHAVEN RESORT ONLINE DIRECTORY

Roadhaven Resort has created an Online Directory, including a listing of the names and addresses of all residents of the community. Residents may opt out of the inclusion of this identifying information in the Online Directory by submitting an OPT OUT Form that Roadhaven Resort will provide in print and digital versions. By not submitting an OPT OUT Form, you will be deemed to have consented to the inclusion of your name and address in the Online Directory, unless and until you submit the OPT OUT Form to Roadhaven Resort. On submission of the OPT OUT Form, your identifying information will be removed from the Online Directory, unless and until you consent to the inclusion of that information.

7. NO WARRANTIES; LIMITATION OF LIABILITY
   1. You understand and acknowledge that the Realty Specialists Directory is provided only for the convenience of Our users. Any transaction, meeting, or other interaction with such Realty Specialists is conducted at your own risk. You agree that We will not be responsible for any damage or loss incurred as a result of any such interactions. We make no representation or warranty as to the safety of such interactions or the authenticity or accuracy of any related payments, delivery, or goods.
   2. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RRLH, INC. IS NOT INVOLVED OR AFFILIATED WITH, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO, THE MANAGEMENT OF ANY LAGUNA WOODS VILLAGE®, LEISURE WORLD® OR ROSSMOOR PROPERTY.
8. INDEMNIFICATION
   YOU SHALL DEFEND, PROTECT, INDEMNIFY, RELEASE, AND DO HEREBY HOLD HARMLESS US, OUR PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, MARKETING PARTNERS, AND SUPPLIERS, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, SUCCESSORS AND ASSIGNS (EACH, AN “INDEMNITEE”), FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, JUDGMENTS, AWARDS, PENALTIES, INTEREST, FINES, COSTS, FEES OR EXPENSES OF WHATEVER KIND, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COSTS, INCURRED BY ANY INDEMNITEE IN CONNECTION WITH ANY CLAIM, DEMAND, SUIT, ACTION, ALLEGATION, OR ANY OTHER PROCEEDING, RESULTING FROM, OR ALLEGED TO RESULT FROM, THESE TERMS OF USE, THE WEBSITE, OR ANY THIRD PARTY CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH, HYPERLINKED OR OTHERWISE PROVIDED, DIRECTLY OR INDIRECTLY, FROM THIS WEBSITE.
9. GOVERNING LAW, FORUM
   These Terms of Use shall be governed in all respects by the laws of the State of Arizona, without reference to its choice of law rules. Any lawsuit concerning these Terms of Use or the Website shall be brought only in the courts located in Pinal County in Arizona, and you hereby expressly consent to the personal jurisdiction and venue of such courts, and waive all objections thereto.
10. TERMINATION
    We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. Sections 1, 2, 3.a.2 through 3.a.7, and 4 through 13 shall survive any termination of these Terms of Use.
11. MISCELLANEOUS/SEVERABILITY
    If any portion of these Terms of Use is deemed unenforceable, the unenforceable portion will be severed from the Terms of Use, and all other portions of these Terms of Use will remain in full force and effect. Our failure to act in a particular circumstance, including any failure by Us to enforce or exercise any provision of these Terms of Use, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. We will be excused for any failure to perform to the extent that performance is prevented by any reason outside of our reasonable control. You may not assign or transfer these Terms of Use, whether through merger (including by operation of law), equity sale, change of control, or sale of all or substantially all of your assets or business division, without our express prior written consent. We may assign our rights and obligations under these Terms of Use to an entity that acquires all or substantially all of either of our assets or to any subsidiary or successor in a merger or acquisition involving RRLH, Inc., including by operation of law.
12. CHANGES TO THESE TERMS
    We reserve the right to update these Terms of Use at any time in Our sole discretion, with or without advance notice. We will post any changes to the Terms of Use on the Website so users are always aware of any change. We encourage you to periodically review these Terms of Use to stay informed of any changes. Your continued use of the Website constitutes your agreement to these Terms of Use and any updates.
13. CONTACTING US
    If you have any questions about these Terms of Use, the practices of the Website, or your dealings with the Website, please contact us at webmaster@roadhaven.com.