PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEB SITE OR OBTAINING MATERIALS, INFORMATION, PRODUCTS
OR SERVICES THROUGH THIS WEB SITE.
Campsitewizard.com
offers access to travel and recreation services by providing a
website whereby travel and recreation service providers ("Affiliated
Entities") can promote their services directly to travelers,
agents and other customers, accessed by the travel customer and
Affiliated Entity alike. These Terms and Conditions set forth
certain rules and policies that govern the use of this web site
("Web Site"), and therefore it is important that you
read these Terms and Conditions carefully. By using this Web Site,
you, agree to be bound by the Terms and Conditions below and you
represent and warrant to Campsitewizard.com and its Affiliated
Entities that you are authorized to be bound by these Terms and
Conditions, both personally, and on behalf of any legal entity
of which you are a representative, agent or employee, when you
are acting in such capacity as a representative, agent or employee.
Please note that because these Terms and Conditions are subject
to change, we advise you to read these Terms and Conditions regularly.
If you continue to access and use this Web Site after changes
to the Terms and Conditions are posted, your use shall be deemed
to constitute acceptance of all revisions. It will be your responsibility
to review this page for possible modifications. If you do not
agree with these Terms and Conditions, please do not access, visit
nor make any use of this Web Site or the information or content
included in the Web Site.
General
Rules and Policies
These
Terms and Conditions set forth certain rules and policies that
govern the use of this Web Site generally. However, some sections
of this Web Site are governed by additional terms and conditions.
For example, our Privacy Policy details how we collect and handle
"personally identifiable information" you may provide
to us through this Web Site. Those separate terms and conditions
are in addition to these Terms and Conditions, which govern your
access and use of this Web Site, any content, materials or information
provided by Campsitewizard.com and its Affiliated Entities on
or from this Web Site and any e-mail correspondence between us.
Your privilege
to access and contribute to this Web Site is subject to your continuing
compliance with these Terms and Conditions. By using this Web
Site, you, agree to be bound by the Terms and Conditions below
and any applicable additional terms and conditions applicable
to specific sections of this Web Site, and all applicable international,
national, federal, state and local laws and regulations.
Unless otherwise
expressly provided, Content offered on this Web Site does not
constitute an offer or solicitation to conduct business in any
jurisdiction. Persons accessing, visiting or using this Web Site
must satisfy themselves that the laws of their country allow them
to access the information or must refrain from accessing, visiting
or using the Web Site accordingly.
Disclaimer
of Warranties
Use and access
of this Web Site is at your own risk. Your use and access of this
Web Site is without warranty of any kind, and any Content on this
Web Site is provided "as is". To the fullest extent
permissible by applicable law, Campsitewizard.com and its Affiliated
Entities hereby disclaim all warranties, express or implied, including,
but not limited to, warranties of merchantability, fitness for
a particular purpose, title, and non-infringement.
While Campsitewizard.com
and its Affiliated Entities use reasonable efforts to include
accurate and up to date information on this Web Site, we make
no warranties or representations as to the accuracy, adequacy,
completeness, timeliness or fitness for any specific purpose of
the Content included or referred to in this Web Site or the reliability
and honorableness of its sources. There may or may not be technical
inaccuracies or typographical errors contained in this Web Site,
and we will correct such items at our sole discretion as they
are discovered. Campsitewizard.com and its Affiliated Entities
assume no liability or responsibility for any errors or omissions
in the Content of this Web Site. There is no warranty that any
particular results may be obtained by use of this Web Site.
Limitation
of Liability
You expressly
understand and agree that Campsitewizard.com and its Affiliated
Entities shall NOT be liable for any direct, indirect, incidental,
special, consequential, punitive, special or exemplary damages,
including, but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses whether based on breach of
contract or warranty, tort (including negligence), product liability,
contract or otherwise (even if we have been advised of the possibility
of such damages), resulting from: (i) the use or the inability
to use this Web Site; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions
entered into through or from this Web Site; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements
or conduct of any third party on this Web Site; or (v) any other
matter relating to this Web Site or your use of this Web Site.
Links
to Third Party Web Sites
We may provide
links to other world wide Web Sites or resources. We have no control
over such sites and resources and we make no representations about
any content or material available at these locations. We are not
responsible for the availability of such external sites and resources
and will not be responsible or liable, directly or indirectly,
for any damage or loss caused by or in connection with the use
of or reliance on any content or material available from such
external sites and resources.
By linking
to a third party Web Site, or by being a target of a link from
a third party Web Site, Campsitewizard.com and its Affiliated
Entities do not endorse or recommend any products or services
offered on such third party Web Site. We do not make any representation,
implied or explicit, as to the accuracy or reliability of the
information to be found, directly or indirectly, on any third
party Web Site. Linking to or from any third party Web Site pages
or other Web Sites is at your own risk.
Intellectual
Property Rights
The Content
contained in this Web Site is protected by intellectual property
rights, which are claimed by Campsitewizard.com, its Affiliated
Entities or third parties. These intellectual property rights
include, but are not limited to, patents, trademarks, trade names,
inventions, copyrights, (registered and unregistered) design rights,
databases, or know how and any other intellectual property relating
to the Web Site, the Content, and products of Campsitewizard.com,
its Affiliated Entities and third parties.
The Content
may not be used (except as provided in these Terms and Conditions,
the applicable terms and conditions associated with that section
of this Web Site, or any additional terms or licenses which we
designates as applicable to such Content) without the prior written
permission of Campsitewizard.com, its Affiliated Entities or the
third party owner of the intellectual property rights in question.
Nothing contained on this Web Site should be construed as granting
you, your agents or employees any license or written permission
to use the Content or intellectual property rights.
Subject to
the paragraph "Export Controls and Special Obligations for
International Users," you may use the Content, but only while
accessing this site, and print one copy of any Content posted
on the site, but in all cases, only for your personal, non-commercial
use, provided you also retain and do not alter any copyright and
other proprietary rights notices contained on the Content. Except
as expressly provided above, all rights are reserved.
Campsitewizard.com
and its Affiliated Entities do not otherwise authorize you to
distribute, modify, transmit, reuse, report, decompile, reverse
engineer or use any Content and other contents of the Web Site
for public or commercial purposes, including any text, images,
audio or video that may be provided. Your unauthorized use of
any intellectual property rights, Content or any other content
on the Web Site is strictly prohibited. Please be aware and advised
that we will aggressively enforce our intellectual property rights
to the fullest extent of the applicable law.
Campsitewizard.com.
and its Affiliated Entities do not warrant or represent that your
use of Content contained in or displayed on this Web Site will
not infringe intellectual property or other rights of third parties.
Trademarks
The trademarks,
logos, service marks, taglines and graphics and graphical interfaces
(collectively the "Trademarks") displayed on this Web
Site, including the following Campsitewizard.com logo and Campsitewizard.com
Tapestry
Logo
Tapestry
are trademarks
of Campsitewizard.com. All other trademarks, logos, service marks,
taglines and graphics and graphical interfaces depicted herein
are the properties of their respective owners. Nothing contained
on this Web Site should be construed as granting to you or any
other party, by implication, estoppels, or otherwise, any license
or right to use any Trademark displayed on this Web Site without
the written permission of Campsitewizard.com, its Affiliated Entities
or such third party that may own the Trademarks displayed on this
Web Site. Your misuse of the Trademarks displayed on this Web
Site, or any other Content on this Web Site, except as provided
in herein, is strictly prohibited. Use of any Campsitewizard.com
trademarks as metatags on other Web Sites also is strictly prohibited.
Unauthorized
Access, Use or Modification
Access to and use of password protected and / or secure information
areas of the Web Site is restricted to authorized users only.
Unauthorized individuals attempting to access this information
or these areas of the Web Site may be subject to prosecution.
You may not transfer any files, programs or e-mails containing
any viruses, Trojan horses, worms, or other computer programming
routines that may harm, corrupt, expropriate information from,
or place a disproportionately large burden on this Web Site, its
files or databases, or those of its users. You may not access
or tamper with non-public areas of this Web Site, or postings
of other members or their files without the express, written authorization
of Campsitewizard.com. You may not harvest or otherwise collect
information about others, including e-mail addresses.
You may not
"frame" or otherwise confuse users as to the origin
of this Web Site without the express, written permission of Campsitewizard.com.
You may set up links from other Web Sites to the home page of
this Web Site. However, you must first obtain the prior written
consent of Campsitewizard.com or its appropriate Affiliated Entity
to set up links to any other pages within this Web Site, whether
by hypertext linking, deep linking, framing, tagging or otherwise.
Confidentiality
of User Communications
The information
provided by you during any registration procedure on this Web
Site, along with certain
other "personally identifiable information" is subject
to our Privacy Policy. For more information see our Privacy Policy.
However, you should assume that any other communication or information
you transmit through, to, or in connection with this Web Site
will not be private. By accessing and using this Web Site, you
expressly authorize Campsitewizard.com and its Affiliated Entities
to treat any communication or information you transmit through,
to, or in connection with this Web Site as non-confidential and
non-proprietary, and further hereby grant us a perpetual, non-exclusive,
royalty-free worldwide license to reproduce, adapt, distribute,
publicly display, and delete all or any portion of such communication
or, without further permission from you. You represent and warrant
that you are the owner of any copyright to such communication
or information or have the permission of the copyright owner to
post or transmit such communication or information. If such communication
or information is confidential or proprietary, you should not
transmit it. If you do transmit any communication or information,
Campsitewizard.com and its Affiliated Entities may use and share
such communication or information for any purpose, including but
not limited to research, development or manufacturing activities.
Termination and Indemnification
Campsitewizard.com
and its Affiliated Entities reserve the unconditional right to
terminate your access to and use of this Web Site at any time,
without prior notice, if we believes you to have violated any
of these Terms and Conditions, or other terms and conditions applicable
to a section of this Web Site. You agree, at your own expense,
to indemnify, defend and hold harmless Campsitewizard.com and
its Affiliated Entities, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Web Site from and against all losses, expenses, claims,
actions, damages and costs, including reasonable attorneys' fees,
resulting from your use of this Web Site, any violation by you
of these Terms and Conditions (or other terms and conditions applicable
to a section of this Web Site) or our termination of your access
to or use of this Web Site. Such termination will not affect the
rights or obligations of you, or your representatives, agents
or employees, which accrued before such termination. We reserves
the right to seek all remedies available at law and in equity
for violations of these Terms and Conditions, including the right
to block access from a particular Internet address or user to
the Web Site.
Complete
Agreement; Miscellaneous
These Terms
and Conditions, and any applicable additional terms and conditions
applicable to specific sections of this Web Site, constitute the
entire agreement between you and Campsitewizard.com and its Affiliated
Entities relating to your access to and use of this Web Site and
supersede any prior or contemporaneous representations or agreements.
In the event of a conflict between these Terms and Conditions
and the additional terms and conditions relevant to a specific
section of this Web Site, such additional terms and conditions
will prevail over these Terms and Conditions with respect to those
specific sections of this Web Site. We may assign our rights and
duties under these Terms and Conditions (or other terms and conditions
applicable to a section of this Web Site) to any party at any
time without notice to you. You may not transfer, assign or delegate
your rights or obligations under these Terms and Conditions to
any third party. Any such assigns, transfers or delegations shall
be deemed null and void. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
herein. Our failure to insist upon or enforce strict performance
of any provision herein shall not be construed as a waiver of
any provision or right.
Governing
Law and Jurisdiction
These Terms
and Conditions (and other terms and conditions applicable to a
section of this Web Site), and the relationship between Campsitewizard.com,
its Affiliated Entities and you shall be governed by the laws
of the State of California without regard to its conflict of law
provisions. Any legal action concerning these Terms and Conditions
or this Web Site must be brought within one (1) year after the
claim or cause of action arises and must be brought in the State
of California, without prejudice to Campsitewizard.com and its
Affiliated Entities or the Web Site user's right to bring suit
before a court of competent jurisdiction.
Construction
and Enforceability
If any portion
of these Terms and Conditions (or other terms and conditions applicable
to a section of this Web Site) is found by a court of competent
jurisdiction to be invalid or otherwise unenforceable, it shall
be deemed amended in order to achieve as closely as possible the
same effect as originally drafted. Any invalid or unenforceable
portion should be construed as narrowly as possible in order to
give effect to as much of the Agreement as possible. Any unaffected
provision of these Terms and Conditions shall remain in full force
and effect.
Any
rights not otherwise expressly granted by this Agreement are reserved
by Campsitewizard.com and its Affiliated Entities.
© Copyright 2005 Campsitewizard.com All Rights Reserved.
