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INTERNET CAMPING FAMILY L.L.C. SITE ACCESS AGREEMENT
(Effective date: March 1, 2007)
Internet Camping Family LLC, together with its
subsidiaries and affiliates (collectively, "Internet Camping Family L.L.C.")
provide you access to Internet Camping.com/,net sites containing information and
data available via your computer and/or a wireless device ("the
Sites"). Subject to your compliance with the terms and conditions set forth
below, including all documents, policies and guidelines incorporated herein (the
"Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY. By accessing,
browsing, or using any of our Sites, you agree to be bound by the terms and
conditions described herein and all documents, policies and guidelines
incorporated by reference. This Agreement does not alter in any way the terms or
conditions of any other written or online agreement you may have or will have
with Internet Camping Family L.L.C.. Internet Camping Family L.L.C. reserves the
right to change or modify any of the terms and conditions contained in this
Agreement or any policy or guideline referenced herein at any time and in its
sole discretion. If the Agreement is changed, we will post the new terms on the
Sites and change the date accordingly. Any changes or modifications will be
effective upon posting of the new Agreement on the Sites as revised, and your
access to and use of the Sites following the posting of such changes or
modifications will constitute your acceptance of the Agreement as revised.
Related Policies
Privacy Policy. Internet Camping Family L.L.C. believes strongly in
protecting user privacy and providing you notice of Internet Camping Family
L.L.C.'s collection and use of data, including personally identifying
information, collected from the Sites. To learn about Internet Camping Family
L.L.C.’s information collection and use practices and policies, please refer
to the Privacy Policy
section of the Site.
Copyright and Authorized Access
All copyrighted and copyrightable materials on these Sites, including, without
limitation, the design, text, graphics, pictures, sound files and other files,
and the selection and arrangement ("Materials") thereof are ALL RIGHTS
RESERVED Copyright © 2002-2007 Internet Camping Family L.L.C. and/or its
licensors. You are granted a limited, non-sublicensable right to access the
Sites and print the Materials for your personal, non-commercial, and
informational use only. The foregoing license grant does NOT include the right
for you to:
1. publish, publicly perform or display, or distribute to
any third party any Materials, including reproduction on any computer
network or broadcast or publications media;
2. market, sell, or make commercial use of the Sites or
any Materials;
3. systematically collect and use of any data or content
including the use of any data mining, robots, or similar data gathering and
extraction methods;
4. make derivative uses of the Sites or the Materials;
5. or use, frame, or utilize framing techniques to enclose
any portion of the Sites (including the images found at the Sites or any
text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not
conveyed any other right or license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of Internet Camping
Family L.L.C. or any third party. Any unauthorized use of the Sites will
terminate the permission or license granted by this Agreement and may violate
applicable law including copyright laws, trademark laws (including trade dress),
and communications regulations and statutes.
If you use any part of the Sites that requires a username or password, then you
are responsible for maintaining the confidentiality of that username and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. In
the event the confidentiality of your account or password are compromised in any
manner, you should notify Internet Camping Family L.L.C. immediately. Internet
Camping Family L.L.C. reserves the right to take any and all action, as it deems
necessary or reasonable, to ensure the security of the Sites and your account,
including without limitation terminating your account, changing your password,
or requesting additional information to authorize transactions on your account.
Notwithstanding the above, Internet Camping Family L.L.C. may rely on the
authority of anyone accessing your account or using your password and in no
event and under no circumstances shall Internet Camping Family L.L.C. be held
liable to you for any liabilities or damages resulting from or arising out of (i)
any action or inaction of Internet Camping Family L.L.C. under this provision,
(ii) any compromise of the confidentiality of your account or password and (iii)
any unauthorized access to your account or use of your password. Any
unauthorized use of the Sites will terminate the permission or license granted
herein and may violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and statutes. All
violators will be prosecuted to the fullest extent of the law.
Copyright Complaints
Internet Camping Family L.L.C. respects the intellectual property of others. If
you believe that your work has been copied and has been posted, stored or
transmitted to the Sites in a way that constitutes copyright infringement,
please provide Internet Camping Family L.L.C. copyright agent the following
written 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 upon;
A description of where the material that you claim is
infringing is located on the Sites;
Your address, telephone number, and e-mail 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;
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.
Internet Camping Family L.L.C. Copyright Agent for notice of
claims of copyright infringement on the Sites can be reached as follows:
Internet Camping Family L.L.C.
10367 E Oakbrook St.
Tucson, AZ 85474
Attention: Copyright Infringement Agent
Phone: 800.235.5992
Fax: 216.803.6689
Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and
unregistered trademarks of Internet Camping Family L.L.C. and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
Internet Camping Family L.L.C. or, if applicable, its licensor. In addition,
Internet Camping Family L.L.C. custom graphics, button icons, scripts, and page
headers are covered by trademark, trade dress, copyright or other proprietary
right law, and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of Internet Camping Family L.L.C.. Internet
Camping Family L.L.C. trademarks, service marks, and trade dress may not be used
in any manner that is likely to cause confusion among customers or in any manner
that disparages or discredits Internet Camping Family L.L.C. . "Internet
Camping.com/.net, Great American Camp Rate," the "Graphic Icon"
design and all other Internet Camping Family L.L.C. marks and logos, and the
Internet Camping Family L.L.C. products and services described on the Sites, are
either trademarks, service marks, or registered trademarks of Internet Camping
Family L.L.C. or its affiliates, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of Internet Camping
Family L.L.C. or its affiliates. All other trademarks, service marks, registered
trademarks, product and service names, and company names or logos that appear on
the Sites are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Internet Camping Family L.L.C..
You may not use any metatags or any other "hidden text" utilizing a
Internet Camping Family L.L.C. name, trademark, or product name without Internet
Camping Family L.L.C. express written consent.
Third-Party Products and Services
Parties other than Internet Camping Family L.L.C. offer and provide products and
services on or through the Sites. Except for Internet Camping Family L.L.C.
-branded information, products or services that are specifically identified as
being supplied by Internet Camping Family L.L.C., Internet Camping Family L.L.C.
does not operate, control, or endorse any information, products, campgrounds,
resorts or services on the Sites or accessible through the Sites in any way.
Except for Internet Camping Family L.L.C. -identified information and Internet
Camping Family L.L.C. -branded products or services, all information, products,
and services offered through the Sites or Internet generally are offered by
campgrounds that are not owned by Internet Camping Family L.L.C.. Internet
Camping Family L.L.C. is not responsible for examining or evaluating, and
Internet Camping Family L.L.C. does not warrant the offerings of, any of these
businesses or individuals or the content of their Web sites. Internet Camping
Family L.L.C. does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should
carefully review their privacy statements and other conditions of use.
Product and Service Descriptions and Pricing
Internet Camping Family L.L.C. and third parties offering information, products,
or services on the Sites attempt to be as accurate as possible. However,
Internet Camping Family L.L.C. does not warrant that information, product, and
service descriptions or other content of the Sites is accurate, complete,
reliable, current, or error-free. Despite our efforts, it is possible due to
computer or other error or cause that a product or service offered on the Sites
may be mispriced or contain an inaccuracy in its description. In the event
Internet Camping Family L.L.C. determines that a product or service is mispriced
or contains an inaccurate description, Internet Camping Family L.L.C. reserves
the right to take any action it deems reasonable and necessary, in its sole
discretion, to rectify the error. You agree to notify Internet Camping Family
L.L.C. immediately if you become aware of any pricing or descriptive errors or
inconsistencies with any products or services you order through the Sites and
comply with any corrective action taken by Internet Camping Family L.L.C.
Purchases, Transactions and Orders
All purchases, transactions, and orders from this website are
one time purchases and are non-refundable. In the event that software purchased
contains manufacturing problems/errors we will replace it free of charge within
30 days.
Linking
Links to the Sites. You are granted a limited, nonexclusive right to
create a hypertext link to the homepage of the Sites, provided such link does
not portray Internet Camping Family L.L.C. or any of its products and services
in a false, misleading, derogatory, or otherwise defamatory manner. You may not
use a Internet Camping Family L.L.C. logo or other proprietary graphic or
trademark of Internet Camping Family L.L.C. to link to the Sites without the
express written permission of Internet Camping Family L.L.C. This limited right
may be revoked at any time.
Third-Party Links. Internet Camping Family L.L.C. makes no claim or
representation regarding, and accepts no responsibility for, the quality,
content, nature, or reliability of third-party Web sites or services accessible
by hyperlink from the Sites, or third-party Web sites linking to the Sites. Such
linked Web sites are not under the control of Internet Camping Family L.L.C. and
Internet Camping Family L.L.C. is not responsible for the content of any such
linked Web site or any link contained in a linked Web site, or any review,
changes or updates to such Web sites. Internet Camping Family L.L.C. is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement, or adoption by Internet Camping Family L.L.C.
of the Web site or any information contained therein. When leaving the Internet
Camping Family L.L.C. Sites, you should be aware that Internet Camping Family
L.L.C. terms and policies no longer govern, and, therefore, you should review
the applicable terms and policies, including privacy and data gathering
practices, of that Web site.
Submissions
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials, or
other information, provided by you in the form of e-mail or submissions to
Internet Camping Family L.L.C., or postings to or on the Sites, are
non-confidential (provided that personal information provided on non-public
areas of the Sites is subject to Internet Camping Family L.L.C. Privacy
Policy) and you grant Internet Camping Family L.L.C. a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such materials throughout the world in any
media now known or hereafter developed with or without acknowledgment to you in
Internet Camping Family L.L.C. sole discretion and without compensation to you.
You also grant to Internet Camping Family L.L.C. the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Internet Camping
Family L.L.C. for any alleged or actual infringement or misappropriation of any
proprietary right in your submitted materials and that the submission of any
such materials to Internet Camping Family L.L.C., including the posting of
materials to any forum or interactive area on the Sites, irrevocably waives any
and all "moral rights" in such materials, including the rights of
paternity and integrity. You represent and warrant that you own or otherwise
control all of the rights to the material that you post; that the material is
accurate; that use of the material you supply does not violate this Agreement
and will not cause injury to any person or entity; and that you will indemnify
Internet Camping Family L.L.C. for all claims resulting from material you
supply.
Disclaimers
"AS IS" AND "AS AVAILABLE" BASIS. THE SITES AND THE
MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE
SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. Internet Camping Family L.L.C.DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES
Internet Camping Family L.L.C. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN
THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO
CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE
FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES. Internet Camping Family L.L.C. IS NOT
RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR
PHOTOGRAPHY. WHILE Internet Camping Family L.L.C. ATTEMPTS TO ENSURE YOUR ACCESS
AND USE OF THE SITES IS SAFE, Internet Camping Family L.L.C. CANNOT AND DOES NOT
REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE,
UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR
DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.
Internet Camping Family L.L.C. reserves the right to change any and all content
contained on the Sites at any time without notice. Reference to any products,
services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by Internet Camping Family L.L.C.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to
evaluate the accuracy, completeness, and usefulness of all opinions, advice,
services, merchandise, and other information provided on or through the Sites or
on the Internet generally. The Internet contains unedited materials, some of
which are sexually explicit or may be offensive to you. You access such
materials at your risk. Internet Camping Family L.L.C. has no control over and
accepts no responsibility whatsoever for such materials.
Enforcement
Internet Camping Family L.L.C. reserves the right but does not assume the
obligation to strictly enforce this Agreement, including without limitation by
issuing warnings, suspension, or termination of service, and/or removal,
screening, or editing of posted message, data, information, text or other
material ("Content"), self help and active investigation, litigation
and prosecution in any court or appropriate venue. Internet Camping Family L.L.C.
may access, use, and disclose transaction information and Content to comply with
the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to
initiate, render, bill, and collect for services; to protect our rights or
property, or to protect users of those services and other carriers from
fraudulent, abusive, or unlawful use of, or subscription to, such services.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN Internet Camping
Family L.L.C. CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH
CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL Internet Camping Family L.L.C. BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE
USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR
TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF
Internet Camping Family L.L.C. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Internet Camping Family L.L.C.
(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY),
ARISING OUT OF OR RELATING TO THE USE OF Internet Camping Family L.L.C. SITES,
EXCEED $5.00 OR THE COMPENSATION YOU PAID Internet Camping Family L.L.C.,
WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied warranties, or the
exclusion or limitation of certain damages. If these laws apply, some or all of
the above disclaimers, exclusions, or limitations, may not apply to you, and you
may have additional rights to those contained herein. In such states, Internet
Camping Family L.L.C. 's liability is limited to the greatest extent permitted
by law.
Indemnification
You agree to indemnify, defend, and hold harmless Internet Camping Family L.L.C.,
its officers, directors, employees, agents, licensors, suppliers, and any
third-party information providers to the Sites from and against all losses,
expenses, damages, and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement by you, or your violation of any rights of
a third party.
Third-Party Rights
Notwithstanding any of these terms and conditions, this Agreement may be
terminated by either party without notice at any time for any reason; provided
that you may no longer access or use the Sites after this Agreement has been
terminated. The provisions of the paragraphs entitled Copyright, Trademarks and
Service Marks, Third-Party Content, Submissions, Export Restrictions,
Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights,
Applicable Law, Venue and Limitation of Actions, Termination, Severability,
Enforceability and Admissibility, and Miscellaneous shall survive any
termination of this Agreement.
Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and conditions and shall not affect the validity and enforceability of any
remaining provisions.
Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and
guidelines incorporated herein will be: (a) deemed for all purposes to be a
"writing" or "in writing," and to comply with all statutory,
contractual, and other legal requirements for a writing; (b) legally enforceable
as a signed writing as against the parties subject to the electronic documents;
and (c) deemed an "original" when printed from electronic records
established and maintained in the ordinary course of business. Electronic
documents introduced as evidence in any judicial, arbitration, mediation, or
administrative proceeding will, if established and maintained in the ordinary
course of business, be admissible to the same extent as business records in
written form that are similarly established and maintained.
Miscellaneous
Internet Camping Family L.L.C. failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
Internet Camping Family L.L.C. may assign its rights and duties under this
Agreement to any party at any time without notice to you.
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