TERMS OF USE AGREEMENT
Thank you for visiting CampZoom.com. The domain CampZoom.com (the "Website" or "CampZoom.com") is owned and operated by G&B Group, LLC, a Texas limited liability company, whose mailing address is 2727 Exposition Blvd. Suite 119, Austin, TX 78703, in Travis County, Texas (the "Company").
1. ACCEPTANCE OF TERMS OF USE AGREEMENT
Through its domain, CampZoom.com, the Company provides a service to users and members by compiling a list of camps available for enrollment ("Camp Providers"), posting third party reviews of different Camp Providers, and providing a convenient master application ("Master Application") for members to complete for all Camp Providers in which they are interested (the "Services"). If you wish to access the Website or become a Member, or otherwise make use of the Services on the Website, then you must read, understand and agree to this Terms of Use Agreement ("Agreement"). This Agreement is an electronic contract between the Company, CampZoom.com and the user, ("you") that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by CampZoom.com from time to time, such modifications to be effective upon posting by CampZoom.com on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. If you object to anything in this Agreement or the Camp Zoom.com Privacy Policy, do not use the Website or the Services. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
2. RESTRICTION ON PROVISION OF SERVICES
CampZoom.com does not provide the Services to children, but only to adults. If you are under 18, you may use CampZoom.com only through a parent or guardian. CampZoom.com reserves the right to refuse the Services, terminate the Services provided to any user, remove or edit content, or change content created by CampZoom.com at any time.
3. LICENSE AND SITE ACCESS
By becoming a Member, the Company and CampZoom.com grants you a limited license to access and make personal use of this Website. HOWEVER, YOU MAY NOT download (other than page caching), modify the Website, or any portion of it, except with express written consent of CampZoom.com. THIS LIMITED LICENSE DOES NOT INCLUDE any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company and CampZoom.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CampZoom.com or CampZoom.com and the Company's affiliates without express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing CampZoom.com's trade names or trade dress without the express written consent of CampZoom.com. Any unauthorized use terminates the permission or license granted by CampZoom.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CampZoom.com so long as the link does not portray CampZoom, CampZoom.com, its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CampZoom.com logo or other proprietary graphic or trademark as part of the link without express written permission of the Company.
4. MASTER APPLICATIONS
CampZoom.com will provide Members with one Master Application to complete which CampZoom.com will send to each Camp Provider of the Member's choice. The Camp Providers will contact the member directly for further information or communications related to the enrollment process. Each member is solely responsible for providing the information requested on the application as accurately and completely as possible. CampZoom.com and the Company are not responsible or liable for the accuracy of information completed by third parties in the Master Application, or for a Camp Provider's acceptance process, which is unique to each Camp Provider.
5. CAMP PROVIDERS
Camp Providers will be posting information and other advertising content regarding their specific services on the Website ("Camp Provider Content"). You agree that CampZoom.com is not responsible or liable for the Camp Provider Content, changes to or removal of the Camp Provider Content, or cancellation of enrollment for any Camp Provider. You understand that neither the Company nor CampZoom.com screens Camp Providers in any way nor does the Company or CampZoom.com inquire into the background of any Camp Provider or attempt to verify the statements of any Camp Provider or any third party reviewer of a specific Camp Provider. Furthermore, the Company and CampZoom.com make no representations or warranties or guaranties, express or implied, as to the quality of service or the suitability of any Camp Provider. Therefore, you agree to make your own assessment of a particular Camp Provider prior to using its services. You are solely responsible for your choice of Camp Provider, any communications between you and any Camp Provider, cancellation of enrollment with any Camp Provider, and obtaining a potential refund from any Camp Provider.
6. THIRD PARTY REVIEWS
CampZoom.com posts third party reviews of Camp Providers for its Members ("Third Party Reviews"). The Company and CampZoom.com reserve the right to remove any third party review for any reason whatsoever. Notwithstanding the foregoing statement, you agree that neither Company nor CampZoom.com are responsible or liable for the accuracy or reliability of any Third Party Review.
7. PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to CampZoom.com, to understand our policies with regard to private information.
8. ELECTRONIC COMMUNICATIONS
By visiting CampZoom.com or sending an e-mail to us, you are using electronic communications. By doing so you are consenting to receive electronic communications from us. You agree that any electronic communications the Company or CampZoom.com provides to you satisfy any legal requirement that such communications be in writing.
9. COPYRIGHT & TRADEMARKS
CampZoom, CampZoom.com, and all content included on CampZoom.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data, software, and compilations of the same (the "Content") is the exclusive property of the Company or its Content suppliers and protected by copyright laws. In addition, CampZoom, CampZoom.com, the Content and all Services on the Website, as well as their selection and arrangement, are protected by trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the same may violate such laws and this Terms of Use Agreement. In addition, elements of the Website are protected by trade dress and other laws and any not be copied in whole or in part. Except as expressly provided herein, the Company, CampZoom.com and its suppliers do not grant any express or implied rights to use the Website, the Content, or the Services provided on the Website. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Content, or the Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Also, the trademarks, logos, and service marks ("Marks") displayed on the Website are the property of the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks. CampZoom, CampZoom.com and the CampZoom logo are the trademarks of the Company.
10. LINKS
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company and CampZoom.com have no control over such sites and resources, you acknowledge and agree that neither the Company nor CampZoom.com are responsible for the availability of such external sites or resources, and do not endorse and are 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 neither the Company nor CampZoom.com shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
11. MEMBER ACCOUNTS AND PASSWORDS
In order to become a Member and use the Services, you must complete a member registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CampZoom.com immediately of any unauthorized use of your account or any other breach of security. CampZoom.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CampZoom.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY THE COMPANY AND CAMPZOOM.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE COMPANY NOR CAMPZOOM.COM MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT NEITHER CAMPZOOM.COM NOR THE COMPANY SHALL BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ON THE WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED OR PUBLISHED THROUGH THE WEBSITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND CAMPZOOM.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND CAMPZOOM.COM DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY OR CAMPZOOM.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY OR CAMPZOOM.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES EVEN IF THE COMPANY OR CAMPZOOM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S AND CAMPZOOM.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY OR CAMPZOOM.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. INDEMNITY BY YOU
You agree to indemnify and hold the Company and CampZoom.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
15. APPLICABLE LAW
By visiting CampZoom.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CampZoom.com.
16. DISPUTES
Any dispute relating in any way to your visit to CampZoom.com or to products you purchase through the Company or CampZoom.com shall be submitted to confidential arbitration in Austin, Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in Travis County, Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
17. MODIFICATIONS AND SEVERABILITY
CampZoom.com reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.