Effective: April 1, 2007
The www.campsforkids.org website (collectively, “Web Site”) is owned and operated by Camps For Kids, a non-profit corporation organized and existing under the laws of the State of Missouri, USA (“Camps For Kids”). Camps For Kids has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions of your use of the Web Site. In addition, Camps For Kids and you may enter into a separate written agreements (which shall have priority over these Terms of Use if applicable). If you do not agree to these Terms of Use please do not use the Web Site. Camps For Kids reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. Please check these Terms of Use periodically for changes. The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes.
General Terms of Use and Restrictions on Use of Materials
If you do not comply with the Terms of Use at any time, Camps For Kids reserves the right to limit your access to the Web Site. Camps For Kids may discontinue or alter any aspect of the Web Site, including, but not limited to, (i) restricting the time the Web Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Web Site, at Camps For Kids’ sole discretion and without prior notice or liability. You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by Camps For Kids or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. If you own the right to any Content featured on the Web Site and you would like us to credit you on the same page (by name and./or link to your website if applicable), please contact us at info@campsforkids.org and we will act promptly and accordingly.
Trademarks
Camps For Kids possesses rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Web Site. No use of any Camps For Kids trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of Camps For Kids. Except as permitted by these Terms of Use, nothing contained in the site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Camps For Kids. Third party camps, product and service names mentioned in the site that are not owned by Camps For Kids are trademarks or service marks of their respective owners.
Camps For Kids’ Privacy Policy
The Company collects, stores and uses data collected from you in accordance with Camps For Kids’ Privacy Policy.
Links
The Web Site may provide, or third parties may provide, links to other web sites on the Internet or resources. Because Camps For Kids has no control over such sites and resources, you acknowledge and agree that Camps For Kids is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Camps For Kids shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer
Camps For Kids uses reasonable efforts to maintain the Web Site, but Camps For Kids is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Camps For Kids makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEB SITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. CAMPS FOR KIDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2 WITHOUT LIMITATION, CAMPS FOR KIDS MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAMPS FOR KIDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAMPS FOR KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL CAMPS FOR KIDS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Camps For Kids, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Web Site.
Termination and Modification
You agree that Camps For Kids, in its sole discretion, may terminate your use of the Web Site, and remove and discard any Content, for any or no reason. Camps For Kids may also, in its sole discretion and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of these Terms of Use may be effected without prior notice. Further, you agree that Camps For Kids shall not be liable to you or any third-party for any termination of your access to the Web Site.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF CAMPS FOR KIDS, MUST BE EXCLUSIVELY BROUGHT IN A COURT OF COMPETENT JURISDICTION IN OR SERVING JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Copyright and Copyright Notices
Camps For Kids respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Camps For Kids’ Copyright Agent the following information: •an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; •a description of the copyrighted work that you claim has been infringed; •a description of where the material that you claim is infringing is located on the site; •your address, telephone number, and email address; •a statement by you 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 authorized to act on the copyright owner’s behalf. Please contact Camps For Kids’ Copyright Agent for Notice of Claims of copyright infringement at: info@campsforkids.org.