Welcome to the agreement (the 'Agreement' or 'Listing Agreement') for CamperCommunity.com. This Agreement describes the terms and conditions that apply to your use of our services and our Privacy Policy and Copyright Notice available under the domain CamperCommunity.com (the 'Site'). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Listing Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a listed campground on CamperCommunity.com. We strongly recommend that, as you read this Listing Agreement, you also access and read the information contained in any other pages referred to in this document, as they may contain further terms and conditions that apply to you as a CamperCommunity.com listing. Please note: underlined words and phrases are links to these pages.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new applicants, and is otherwise effective on September 1, 2006 for all listings.
1. Listing Eligibility.
You must be of legal age or,
in the case of camprounds, a legal campground owner or representative
to list your information with us or apply for membership. Our member
and listing services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available to
children (persons under the age of 18) or to temporarily or
indefinitely suspended CamperCommunity.com campgrounds or individuals.
Further, your CamperCommunity.com account and User ID may not be transferred
or sold to another party. If you are registering as a entity, you
represent that you have the authority to bind the entity to this
Agreement. CamperCommunity.com reserves the right to refuse listing
registration to anyone, solely at our own discretion, if we feel that
an applicant's services are inferior, inappropriate or may harm the
integrity of CamperCommunity.com and it's other business listings for any
reason.
2. CamperCommunity.com is a Venue.
CamperCommunity.com is not a
traditional business or a representative of one. Instead, the Site acts
as a venue that allows campgrounds the opportunity to publish their
information and describe their services at anytime, from anywhere. We
have no control over the quality or legality of the listings or
services advertised or the truth or accuracy of listing information.
3. Release.
Because we are a venue, in the event that
you have a dispute arising from sales initiated by information
published on CamperCommunity.com, you release CamperCommunity.com (and our
officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
such disputes. If you are a California resident, you waive California
Civil Code §1542, which says: 'A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.'
4. Information Control.
We do not control the
information provided by members or campgrounds that is made available
through our system. While we strive to encourage clear and honest
listings on the Site, you may find some campground information to be
inaccurate, or deceptive. CamperCommunity.com is not responsible for the acts
or omissions of campgrounds listed on the Site.
5. Fraud.
Without limiting any other remedies, CamperCommunity.com may suspend or terminate your membership or campground
listing if we suspect that you (by conviction, settlement, insurance or
escrow investigation, or otherwise) have engaged in fraudulent activity
in connection with the Site.
6. Infringement.
CamperCommunity.com will remove
campgrounds that infringe upon the copyright, trademark or other rights
of third parties. Rights owners can report infringments, and request
that such references be removed.
7. Definition.
'Your Information' is defined as any
information you provide to us in registration as a member or
campground. You are solely responsible for Your Information, and we act
as a passive conduit for your online distribution and publication of
Your Information.
8. Restricted Activities.
Your Information and your
activities on the Site shall not: (a) be false, inaccurate or
misleading; (b) be fraudulent or involve illegal sales; (c) infringe
any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) violate any
law, statute, ordinance or regulation (including, but not limited to,
those governing consumer protection, unfair competition,
antidiscrimination or false advertising); (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) interfere
with, surreptitiously intercept or expropriate any system, data or
personal information; (h) create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of services
that: (aa) are prohibited under this Agreement; or (bb) you do not have
a right to link to or include. Furthermore, you may not list any
services on the Site (or consummate any transaction that was initiated
using our service) that could cause us to violate any applicable law,
statute, ordinance or regulation.
9. License.
Solely to enable CamperCommunity.com to use the
information you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with
respect to Your Information. CamperCommunity.com will only use Your
Information in accordance with our Privacy Policy.
10. Integrity.
You may not take any actions that may
undermine the integrity of the Site. If we receive substantial member
or customer complaints you may be suspended, and you may be unable to
list.
11. Breach.
Without limiting other remedies, we may
limit your activity, immediately remove your campground listing or
member priveledges, warn our community of your actions, issue a
warning, temporarily suspend, indefinitely suspend or terminate your
campground listing or membership and refuse to provide our services to
you if: (a) you breach this Agreement or the documents it incorporates
by reference; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our business listings
or us.
12. Privacy Policy.
We do not sell
or rent your personal information to third parties for any reason and
we only use your information as described in this Agreement to provide
campground listing and member services. We view the protection of your privacy as a very important community principle.
We understand clearly that you and your information are some of our
most important assets. We store and process your information on
computers located in the United States that are protected by physical
as well as technological security devices. We use third parties to
verify and certify our privacy principles. If you object to your
Information being transferred or used in this way please do not use our
services.
13. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have
other legal rights that vary from state to state.
14. Liability Limit.
IN NO EVENT SHALL WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND
THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
15. Indemnity.
You agree to indemnify and hold us and
(as applicable) our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights
of a third party.
16. Legal Compliance.
You shall comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service and your listing of
services.
17. Copyright Notice.
The materials
displayed on the CamperCommunity.com Site including, without limitation, all
programs, scripting, formatting, web site architecture, all documents,
informational text, photographs, illustrations, and other graphic
materials and names, logos, trademarks and service marks, are the
property of CamperCommunity.com, its suppliers, developers, or licensors and
are protected by patent, copyright, trademark, and other intellectural
property laws.
Any such content may be displayed and printed solely for your personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to anyone without the express prior written consent of CamperCommunity.com, its suppliers, developers and/or licensors.
18. No Agency.
You and CamperCommunity.com are independent
contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
19. General.
This Agreement shall be governed in all
respects by the laws of the State of Oregon as such laws are applied to
agreements entered into and to be performed entirely within Oregon
between Oregon residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of the Site may be
interfered with by numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. You agree that this Agreement and all incorporated agreements
may be automatically assigned by CamperCommunity.com in our sole discretion.
Section headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof. Sections shall survive any
termination or expiration of this Agreement.
20. Disclosures.
The services hereunder are offered by CamperCommunity.com.