This Agreement was last revised on December 6, 2011.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH CAMPEASY ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, THE “SUBSCRIBING ORGANIZATION”) THEN YOU AGREE, REPRESENT AND WARRANT THAT: (I) YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH SUBSCRIBING ORGANIZATION TO THIS AGREEMENT; (II) YOU have read thIS aGREEMENT; (III) YOU understand THE TERMS OF THIS AGREEMENT, (IV) YOU agree to THE TERMS OF THIS AGREEMENT on behalf of SUCH SUBSCRIBING ORGANIZATION, (V) ACCESS TO THE SERVICE SHALL BE LIMITED TO USERS AUTHORIZED BY SUCH SUBSCRIBING ORGANIZATION TO ACCESS THE SERVICE.
YOU UNDERSTAND AND AGREE THAT CAMPEASY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SUBSCRIBING ORGANIZATIONS, CAMP OPERATORS (DEFINED BELOW) AND USERS, NOR IS CAMPEASY A BROKER, AGENT OR INSURER. CAMPEASY HAS NO CONTROL OVER THE CONDUCT OF CAMP OPERATORS OR THEIR STAFFS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
- CampEasy Content
- means all Content that CampEasy makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.
- Collective Content
- means User Content and CampEasy Content.
- means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- Parent User
- means a user who searches for camp sessions via the Site, Application or Services, or a user who attends such a session.
- Camp Operator
- means a user who creates a camp profile and/or session listing via the Site, Application and Services.
- Subscribing Organization
- means a user who is financially responsible for payment for listings appearing on CampEasy.
- means the representation of a single camp session on CampEasy.
- indicates a unique instance of a camp as offered by a Camp Operator.
- means a person who completes CampEasy’s account registration process, including, but not limited to Camp Operators and Parent Users, as described under “Account Registration” below.
- User Content
- means all Content that a user posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
- Tax or Taxes
- mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Site, Application and Services can be used to facilitate the listing and registration of camp session data (“Sessions”). Such Sessions are included in Listings on the Site, Application and Services by Camp Operators. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to save, schedule, register, share, rate or review a Listing, you must first register to create a CampEasy Account (defined below).
As stated above, CampEasy makes available a platform or marketplace with related technology for Parent Users and Camp Operators to identify and potentially interact with one another online. CampEasy is not an owner or operator of camps, nor is it an agent or representative of any Camp Operator. CampEasy’s role is solely to facilitate the presentation of Listings on the Site, Application and Services, and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO PRESENT CAMP LISTINGS. CAMPEASY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CAMPS. CAMPEASY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CAMPS. ACCORDINGLY, ANY REGISTRATION IS MADE AT THE PARENT’S AND CAMPER’S OWN RISK.
In order to access certain features of the Site and Application, and to save, schedule, register, share, rate or review a Listing, you must register to create a profile (“CampEasy Profile”) and become a Parent User.
As a Camp Operator, you may submit Camp Session information by creating a Camp Operator Profile (“Camp Operator Profile”).
As part of the functionality of the Site, Application and Services, you may link your CampEasy Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to CampEasy through the Site, Services or Application; or (ii) allowing CampEasy to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to CampEasy and/or grant CampEasy access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating CampEasy to pay any fees or making CampEasy subject to any usage limitations imposed by such third party service providers. By granting CampEasy access to any Third Party Accounts, you understand that CampEasy will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your CampEasy Account and CampEasy Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your CampEasy Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or CampEasy’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your CampEasy Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. CampEasy makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and CampEasy is not responsible for any SNS Content.
We will create your CampEasy Access Level Account and your CampEasy Profile page for your use of the Site and Application based upon the information you provide to us or that we obtain via an SNS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CampEasy reserves the right to suspend or terminate your CampEasy Account and your access to the Site, Application and Services if you create more than one (1) CampEasy Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CampEasy Account, whether or not you have authorized such activities or actions. You will immediately notify CampEasy of any unauthorized use of your CampEasy Account.
As a Camp Operator, you may create Listings. To this end, you will be asked a variety of questions about the Session to be listed, including, but not limited to, the location, capacity, size, features, availability of the Session and pricing. Listings will be made publicly available via the Site, Application and Services.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that CampEasy assumes no responsibility for a Camp Operator’s compliance with any applicable laws, rules and regulations.
You understand and agree that CampEasy does not act as an insurer or as a contracting agent for, or representative of, you as a Camp Operator, and if a Parent User registers a child for your Session Listing, any agreement you enter into with such Parent User is between you and the Parent User and CampEasy is not a party thereto. Please note that CampEasy reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that CampEasy, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
CampEasy recommends that Camp Operators obtain appropriate insurance for their camps. Please review any insurance policy that you may have for your camp carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of campers while at your camp.
CampEasy does not endorse any Camp Operators or Camp Sessions. In addition, although these Terms require Camp Operators to provide accurate information, we do not attempt to confirm, and do not confirm, any Camp Operator’s or Parent User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from CampEasy with respect to such actions or omissions.
You may never use another Camp Operator’s or Parent User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CampEasy immediately of any breach of security or unauthorized use of your account. Although CampEasy will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of CampEasy or others due to such unauthorized use. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the CampEasy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names and e-mail addresses, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
You acknowledge and agree that CampEasy may access, preserve and disclose your account information and related contents 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 that any information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CampEasy, its users, or the public.
The Service is offered on a per month subscription-basis (the “Subscription Service”); provided, that CampEasy may in its discretion offer the Service, or certain features of the Service, on a free-of-charge basis. If you open an Access Level account for the Subscription Service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
Payment Methods. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your subscription preferences within the Subscription Service, terminate this authorization, or change your selected payment method; provided, however, that such notice will not affect charges submitted before CampEasy could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
Your Subscription Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (i) every month for monthly subscriptions; or (ii) such other periodic rate you have selected from among the options offered on the Service.
For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations for periodic charges. For monthly subscriptions, you must cancel your subscription within the Service at least five (5) business days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must cancel your subscription within the Service at least five (5) business days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
By ordering Services through CampEasy’s website(s), you agree to be bound by and accept CampEasy’s pricing. The price schedule is subject to change without prior notice at any time, in CampEasy’s sole discretion, so you should review the price schedule each time you make a purchase.
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a CampEasy Camp Operator or Parent User;
- register for more than one CampEasy Account or register for a CampEasy Account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- as a Camp Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, CampEasy’s name, any CampEasy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CampEasy’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, CampEasy’s computer systems, or the technical delivery systems of CampEasy’s providers;
- attempt to probe, scan, or test the vulnerability of any CampEasy system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CampEasy or any of CampEasy’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- orge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
CampEasy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CampEasy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CampEasy has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CampEasy reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that CampEasy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of CampEasy and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of CampEasy used herein are trademarks or registered trademarks of CampEasy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Any ratings, reviews, or other material you submit to CampEasy is “User Content.” By submitting any User Content to CampEasy, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and that
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold CampEasy (and its officers, directors, agents, parents, subsidiaries, affiliates, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant CampEasy a perpetual, irrevocable, royalty-free, transferable right and license to use, reuse, copy, exhibit, modify, record, reproduce, broadcast, transmit, publish, sell, distribute, display, perform, after amend, revise, combine, incorporate with other content, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology now known or hereafter developed throughout the world without further notification, authorization or compensation to you, or anyone acting on your behalf. You further agree that this license may be sublicensed by CampEasy. You represent and warrant that no further permissions are required for CampEasy to use the content you submit.
You further understand and agree that you are solely responsible for understanding all copyright, trademark, right of publicity, trade secret, patent, and other intellectual property or other laws that may apply to your User Content, that you are solely responsible for, and that CampEasy will have no liability in connection with, the legal consequences of any actions or failure to take actions on your part, while using the Site, including without limitation any legal consequences related to your User Content or intellectual property rights.
By submitting your email address in connection with your rating and review, you agree that CampEasy and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
CampEasy wants camps to get ratings, reviews, and recommendations that are relevant, helpful, and trustworthy. To protect camp operators, we have systems in place that may exclude individual reviews containing any of the following:
- Inappropriate content: Don’t post reviews that contain links or scripts, or include unlawful content. We may also remove reviews that include plagiarism, are copied from other sites or contain personally identifying information about another person. Profane, vulgar, obscene, or racist language, or adult material will not be posted.
- Advertising and spam: Don’t use reviews for advertising or post the same or similar reviews across multiple places, and don’t post fake reviews intended to boost or lower ratings.
- Off-topic reviews: Reviews should describe your personal, first-hand experience with a specific camp. Don’t post reviews based on someone else’s experience, or that are not about the specific place you are reviewing. Reviews are not a forum for personal rants or crusades.
- Conflicting content: The content of the review needs to reasonably correspond to the respective rating.
- Conflict of interest: Reviews are only valuable when they are honest and unbiased. Even if well-intentioned, a biased review can undermine its credibility. For instance, don’t offer or accept money or product to write positive reviews about a business, or to write negative reviews about a competitor. Don’t post reviews on behalf of others or misrepresent your identity or affiliation with the place you are reviewing.
Sometimes our algorithms may flag legitimate reviews in our effort to combat abuse. We know this is frustrating when it happens but believe that overall, these measures are helping everyone by ensuring that the reviews are authentic, relevant, and useful.
Feedback consists of a rating and a short review. Leaving honest comments gives parents a sense for an individual experience with a particular camp. If you are a parent, you can help spread the word about a camp you like.
If you are a parent, contact a camp operator to try to resolve any issues before leaving neutral or negative Feedback. Please make sure that your comments are fair, specific and based in fact.
While CampEasy is committed to serving parents and offering a platform for an exchange of feedback about camp experiences, CampEasy does not automatically publish feedback when it is submitted. We adhere by the policy in order to protect camp operators and CampEasy from publication of inappropriate content.
Out of fairness, CampEasy will allow camps the opportunity to resolve negative complaints directly and personally before they are published. For this reason, CampEasy will pass along negative feedback to camp operators before any feedback submission is posted. Regardless of any correspondence between the camp operator and parent, if the feedback is not modified or withdrawn within 20 days, it will be published as submitted.
The camp operator has the opportunity to use the intervening time to resolve the parent complaint. Camps are no doubt aware that parents exchange positive and negative reviews about camps with or without an online platform such as CampEasy; the opportunity for camps to respond and resolve negative reviews directly via this website is arguably a business opportunity unavailable to camps absent the site itself. If a parent is satisfied by a camp’s effort to resolve the complaint, he or she may choose to withdraw the feedback. Note, however, that CampEasy reviews are a forum for parents to share both positive and negative opinions. We do not and will not arbitrate disputes between camps and parents.
If you are a camp operator and your camp receives a review that you don’t agree with, we encourage you to try to reconcile the situation with the parent. We know a negative review can be frustrating, but we believe that engaging with a customer to address his or her concerns can and should be seen as a business opportunity for camps, and fosters the best connective environment for parents and camps on CampEasy.
CampEasy respects copyright law and expects its users to do the same. It is CampEasy’s policy to terminate in appropriate circumstances the CampEasy Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see CampEasy’s Copyright Policy at www.CampEasy.com/terms for further information.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your CampEasy Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event CampEasy terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your CampEasy Account you will remain liable for all amounts due hereunder. You may cancel your CampEasy Account at any time via the “Cancel Account” feature of the Services or by sending an email to info@CampEasy.com. Please note that if your CampEasy Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND ITS SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CAMPEASY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, CAMP OPERATORS AND PARENT USERS. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CAMPEASY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CAMPEASY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CAMPEASY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CAMPS OR CAMP SESSIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CAMPEASY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CAMP OPERATORS OR PARENT USERS. YOU UNDERSTAND THAT CAMPEASY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY CAMPS. CAMPEASY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CAMP OPERATORS AND PARENT USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR LISTING OR SCHEDULING OF ANY CAMP SESSIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER CAMPEASY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, 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, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR SCHEDULING ANY CAMP SESSION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAMPEASY 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.
You agree to release, defend, indemnify, and hold CampEasy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) registration for a camp, (iii) creation of a Listing or (iv) the use and condition of a camp by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a registration.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. Your User Content and CampEasy ‘s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
c. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
d. CampEasy may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
These Terms constitute the entire and exclusive understanding and agreement between CampEasy and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CampEasy and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without CampEasy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CampEasy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CampEasy (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of Virginia and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Fairfax County, Virginia or a United States District Court, located in Alexandria, Virginia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and CampEasy agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and CampEasy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CampEasy otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Virginia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and CampEasy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CampEasy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. CampEasy will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, CampEasy will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if CampEasy changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@CampEasy.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of CampEasy’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CampEasy in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of CampEasy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CampEasy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact CampEasy at info@CampEasy.com.