Thank you for using CampChamp!
Scope of the Agreement
Use of the Service
You may use the Service only if you can form a binding contract with CampChamp, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service and its content are not directed at children under the age of 13 and use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only (unless you are a Service Provider) and as permitted by the terms of this Agreement and the features of the Service. We may terminate this license at any time for any reason or no reason.
Subject to the terms and conditions of this Agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any content you post or upload to the site in connection with the Service. Such rights shall include, without limitation, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grant to us does not affect your other ownership or license rights in your content, including the right to grant additional licenses to such content, unless otherwise agreed in writing.
Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, including Service Providers. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement.
You are solely responsible for the activity that occurs on your account. You must keep your account password secure. You must immediately notify us of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You agree not to engage in any of the following prohibited activities:
- violating any laws, third party rights or our policies;
- copying or distributing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- modifying, disassembling, decompiling or reverse engineering the software that runs the Service;
- transmitting spam, chain letters, or other unsolicited email;
- taking any action that may undermine the feedback or ratings systems
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- uploading inappropriate or inaccurate User Content to the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service, other than if you are a Service Provider and a User has provided you such information as part of their registration process;
- using the Service for any commercial solicitation purposes, other than in the case of Service Providers providing program information and registration through the Service;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- bypassing the measures we may use to prevent or restrict access to the Service, or
- circumventing or manipulating our fee structure, the billing process, or fees owed to CampChamp;
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other users.
You represent that you own or have legal authority to post any content you post or upload to the Service, including but not limited to photos, graphics, images, video, sound, music, and text (collectively, “User Content”). You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property or rights of privacy. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of such content.
You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that CampChamp shall not be liable for any damages you allege to incur as a result of such exposure or such content.
We take claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of CampChamp and/or others. CampChamp will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials stored on or accessible through the site or the Services infringe your copyright, you may request removal of those materials (or access thereto) by submitting written notification to our copyright agent (designated 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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- a description of where the material you believe to be infringing is located;
- your address, telephone number and, if available, email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated copyright agent to receive DMCA Notices is:
Camp Champ, Inc.
5870 Oak Creek Ln
Greenwood Village, CO 80121
*NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity accessible on or through the Service 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 your User Content that has been removed from the site 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 User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- your physical or electronic signature;
- a description of the content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our discretion) be reinstated on the Service in 10 to 14 business days or more after receipt of the counter-notice.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to others, and all intellectual property rights related thereto, are the exclusive property of CampChamp and its licensors (including other users who post content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such information, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Service. Use of the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Payments to Service Providers
When you make a reservation and/or enroll with a Service Provider through the Service, you agree to be bound by and to pay for that transaction, and, unless you properly request and receive a refund from a Service Provider, you must pay for the activity you register for or enroll in. You authorize us to charge the full amount to your chosen payment provider for the transaction. In the event of a pricing error, you will be notified and you agree to pay or be reimbursed for the difference in price that results from the error.
Service Providers set terms related to deposits, refunds, and cancellations. Credit card processing fees are non-refundable. Service Providers may modify program schedules at any time or cancel program listings in their sole discretion. Refunds or credits for modified or canceled listings are determined by the Service Provider. Please contact the appropriate Service Provider directly to discuss their policies on refunds and cancellations. Under no circumstances are we liable to you for any refund of fees paid to a Service Provider, whether with respect to any cancellation or other reason.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such transactions.
Browsing information on CampChamp is free for end users (consumers). Registering and interacting as a User of the Service is also free.
By posting some of your inventory with CampChamp, you agree to pay our fees for such and assume full responsibility for the content of the listing. If you elect to use paid aspects of the Service, you agree to our Service Provider Fee Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Links to Third-Party Sites
You expressly relieve CampChamp from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The coupon code “CAMPCHAMP20” may be used as a discount code on the Service in conjunction with the purchase of a camp session. The discount code may not be used in conjunction with any other discount code offered by CampChamp (but may be combined with discounts offered by Service Providers). The discount may not be redeemed for cash or other consideration. The discount code expires on April 30, 2018. CampChamp reserves the right to withdraw, amend, or cancel the discount at any time.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CAMPCHAMP, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
CAMPCHAMP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND CAMPCHAMP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. CAMPCHAMP HAS NO LIABILITY FOR ANY CLAIMS ARISING OUT OF YOUR, OR YOUR CHILD’S, PARTICIPATION IN ANY CAMP FOR WHICH YOU MAY REGISTER USING THE SERVICE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAMPCHAMP, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CAMPCHAMP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPCHAMP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD-PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. IN NO EVENT SHALL CAMPCHAMP, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CAMPCHAMP HEREUNDER OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAMPCHAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law and Dispute Resolution
This Agreement shall be construed and enforced pursuant to the laws of the State of Delaware. All disputes hereunder will be resolved via binding arbitration under the rules of the American Arbitration Association, with arbitration to take place in Denver, Colorado.
You agree that any legal action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against us based in any way on the site or Service you agree that, in the event you do not prevail and we do prevail, you will reimburse us for any costs and attorneys’ fees associated with its defense of the action.
If you have any questions about this Agreement or would like to contact us, you may reach us by emailing email@example.com.
We may modify or amend this Agreement at any time by posting the amended terms on our site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you of amended terms by e-mail and update the ‘last modified’ date at the top of this Agreement. This Agreement may not be otherwise amended except in a writing hand signed by you and us.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Use of the Service, User Content, Our Proprietary Rights, Fees (with respect to fees owed for our services), Indemnity, No Warranty, and Limitation of Liability.