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Terms
of Use Agreement
Welcome
to our Web site. By using our
site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you do not agree
to these terms, you should not use this site.
The term “
Adventure-
Camp
.com
”
or "Teen-Summer-Camps.com" or "CampBound.com" or
“us” or “we” or “our” refers to Sundance Outdoors, Inc., the
owner of the Web site. The
term “you” refers to the user or viewer of our Web Site.
1.
Acceptance of Agreement.
You
agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2.
Copyright.
The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials. Some of the
content on the site is the copyrighted work of third parties.
3.
Service Marks.
"
Adventure-
Camp
.com
" and others are our service marks or registered service marks or
trademarks. Other product and
company names mentioned on the Site may be trademarks of their respective
owners.
4.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information from
the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained
therein. No print out or
electronic version of any part of the Site or its contents may be used by
you in any litigation or arbitration matter whatsoever under any
circumstances.
5.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may
not (a) copy, print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit, sell, rent,
lease, loan or otherwise make available in any form or by any means all or
any portion of the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the Site to develop, of as
a component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of any
kind, including through sale, license, lease, rental, subscription, or any
other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site
in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2)
email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that violates any
state or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the United States.
6.
Forms, Agreements & Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business documents and
legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial purposes, without any
right to re-license, sublicense, distribute, assign or transfer such
license. Documents are
provided for a charge and without any representations
or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness.
The Documents are provided
“as is”, “as available”, and with “all faults”, and we and any
provider of the Documents disclaim any warranties, including but not
limited to the warranties of merchantability and fitness for a particular
purpose. The Documents
may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional
provisions to ensure the desired result.
You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions, as
the Documents are only samples and may not be applicable to a particular
situation. Some Documents are
public domain forms or available from public records.
7.
No Legal Advice or Recommendations.
Information contained on or made available through the
Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance.
We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked to the
Site. Your use of information
on the Site or materials linked to the Site is entirely at your own
risk.
8.
Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not
engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
9.
Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
10.
Registration.
Certain sections of, or offerings from, the Site may
require you to register. If
registration is requested, you agree to provide us with accurate, complete
registration information. Your
registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf
of any other person or entity. We do not permit (a) any other person using
the registered sections under your name; or (b) access through a single
name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use.
11.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or that defects
will be corrected. We do not
represent or warrant that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of
the Site at any time. We
reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
12.
Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We
are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or
any other form of content on the Site.
You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13.
Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14.
Indemnification.
You
agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product
and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
15.
Nontransferable.
Your
right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable
or assignable.
16.
Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH
ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR
OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
17.
Limitation of Liability
(a)
We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from
(a) any errors in or omissions from the Site or any
services or products obtainable therefrom, (b) the unavailability
or interruption of the Site or any features thereof, (c) your use of the
Site, (d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b)
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR
THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR
HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18.
Use of Information.
We
reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you to
us (collectively, a "Submission") will forever be our property.
We will not be required to treat any Submission as confidential, and will
not be liable for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability as a result
of any similarities that may appear in our future products, services or
operations. Without limitation, we will have exclusive ownership of all
present and future existing rights to the Submission of every kind and
nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19.
Third-Party Services.
We
may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you
and Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
20.
Third-Party Merchant Policies.
All
rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
21.
Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review
this Privacy Policy by clicking on this link.
22.
Payments.
You
represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
23.
Securities Laws.
The
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service offerings),
that are forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute an offer
or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or documents.
24.
Links to other Web Sites.
The
Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your
own risk.
25.
Copyrights and Copyright Agents.
We
respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information:
a.
An
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b.
A
description of the copyrighted work that you claim has been infringed;
c.
A
description of where the material that you claim is infringing is located
on the Site;
d.
Your
address, telephone number, and email address;
e.
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
f.
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.
Our Copyright Agent for Notice of claims of copyright infringement on the
Site can be reached by directing an e-mail to the Copyright Agent at info@Adventure-Camp.com.
26.
Information and Press Releases.
The
Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed by
us.
27.
Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials provided therein.
28.
Refund and Return Policy.
To the extent that you purchase any goods or services
directly from us, we will refund you your purchase price within 30 days of
you notifying us in writing of your desire for the refund, together with
the reason for the request, with the product or service returned to us in
substantially the same condition as when purchased. Please note , however,
that certain products and services mentioned on our site are sold by third
parties or are linked to third party Web sites, and we have no
responsibility or liability for those products or services. You may
request a refund by contacting us by email at info@Adventure-Camp.com.
You may obtain any additional information concerning our refund and return
policy, including our mailing address, by contacting us at info@Adventure-Camp.com.
29.
Miscellaneous.
This
Agreement shall be treated as though it were executed and performed in
Phoenix, Arizona, and shall be governed by and construed in accordance
with the laws of the State of Arizona
(without regard to conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our
sole discretion to a third party in the event of an acquisition, sale or
merger. Should any part of
this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of
this Agreement.
30.
Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for, or obtain any injunction relating
to, Site operations, intellectual property, and our services, shall be
settled solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any
such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy
of any other party. The
arbitration shall be conducted in
Phoenix
,
Arizona
, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either
you or us may seek any interim or preliminary relief from a court of
competent jurisdiction in
Phoenix
,
Arizona
necessary to protect the rights or property of you and us pending the
completion of arbitration. Each
party shall bear one-half of the arbitration fees and costs incurred
through JAMS.
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