Campfront Terms of Service

These Terms and Conditions (the "Terms"), are entered into by CFR NOMINEES USA, LLC, a Texas limited liability company d/b/a CAMPFRONT ("Provider"), and you, the Authorized User of Provider’s software platform at www.campfront.com known as Campfront ("Platform"). Provider and Authorized User may be referred to herein collectively as the “Parties” or individually as a "Party." By clicking “I accept” prior to creation of your Account, the Authorized User expressly acknowledges that it has read and understands these Terms agrees to be bound by these Terms and the Provider’s privacy policy at www.campfront.com/privacy-policy, which is incorporated herein by reference (“Privacy Policy”). If you do not agree to the Terms, you must not access or use the Platform.

1. Definitions.
   
   1. “Account” means the method of access to the Platform.
   2. “Administrator” means an employee of a Camp that grants access to the Platform to Parental Users.
   3. “Attendee” means an attendee of a Camp for whom an Authorized User has an Account to the Platform.
   4. "Authorized User" means, as applicable, (i) a Camp, or (ii) a Parental User. For the avoidance of doubt, in each case, an Authorized User must be over the age of eighteen (18) years old.
   5. “Camp” means a person or entity that operates one or more camp business(es) for which such person or entity uses the Platform.
   6. “Camp User” means, as applicable, (i) the Camp, (ii) the Administrator(s), and (iii) the Camp’s employees, equity owners, or independent contractors for which the Administrator provides access to the Platform.
   7. "Data" means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of an Authorized User through the Platform.
   8. “Parental User” means the parent(s) or other legal guardian(s) of the Attendee(s) of the Camp.
   9. "Provider IP" means the Platform, any associated logos and tradenames of Provider and/or the Platform, all component parts of the Platform (including, but not limited to any proprietary source code and object code, software, content, graphics, etc.) and any and all improvements, enhancements, modifications or derivatives of the foregoing made by any party.
   10. "Third-Party Products" means any third-party products provided with or incorporated into the Platform.
2. Access; Use; Restrictions.  
   
   1. Provision of Access. Subject to and conditioned compliance with these Terms, Provider hereby grants to Authorized User a non-exclusive, non-transferable, non-sublicensable right to access and use the components of the Platform for which Authorized User is granted access, solely for use by Authorized Users in accordance with these Terms and the Privacy Policy. Only Authorized Users may access the Platform via an Account. Accounts have varying levels of access to the Platform for use by Parental Users and Camps. The parent(s) or legal guardian(s) of an Attendee may only be granted access to the Platform as a Parental User. Employees, independent contractors, staff, management, executives, and ownership of a Camp may only be granted access to the Platform as Camp Users. There are varying levels of access to the Platform that a Camp User may obtain based on such Camp User’s role or position at the Camp. The Provider reserves the right to amend or modify the access level(s) applicable to each (or any) Account in its sole discretion and shall not be liable to any Authorized User for any such amendment or modification to, or loss of, access to the Platform.
   2. Administrator. Camp shall designate one or more Administrator(s) of the Platform. The Administrator is responsible for (i) providing access to the Platform for the Authorized Users associated with Administrator’s Camp, (ii) verifying the age and identity of each such Authorized User, (iii) ensuring that each Authorized User has been granted the correct applicable Account (e.g., a parent of an Attendee has been granted a Parental User Account), and (vii) that the appropriate level of access has been correctly assigned to each Camp User Account. Provider is not obligated to monitor the level of access or if correct access has been granted by an Administrator to an Authorized User. Provider makes no representations or warranties regarding the accuracy of an Administrator’s provision of access to any Authorized User and hereby disclaims all, and assumes no, liability in connection therewith. Provider reserves the right to modify and/or amend the Administrator’s access to the Platform and ability(ies) to grant access to the Platform, in Provider’s sole discretion, shall not be liable to any Authorized User for any such amendment or modification to, or loss of, access to the Platform.
   3. Enrollment; Permitted Use; Authorized User Liability.  
      
      1. The Camp shall cause each Attendee, via its Parental User, to be enroll for the camp(s) offered by Camp (which an Attendee shall or intends to attend each year) via the Platform. Attendees under the age of eighteen (18) years old shall not use or access the Platform.
      2. Parental Users may only use the Platform, in each case in compliance with applicable law, to (i) input Attendee information as required by the Camp, (ii) communicate and/or interact with the Camp solely in connection with such Parental User’s Attendee’s attendance at the Camp, and (iii) monitor or track such Parental User’s Attendee(s) while at the Camp.
      3. Camp may only use Platform, in each case in compliance with applicable law, to (i) facilitate payments by Parental Users for the Camp, (ii) interact with Parental Users solely in connection with such Parental User’s Attendee’s attendance at the Camp, and (iii) manage its camp business by providing information or documents to Parental Users or accessing information on the Platform in furtherance of the Camp’s internal and legitimate business purposes (e.g., scheduling and managing Camp staff) and for no other purposes. Camp shall ensure that all Camp Users comply with these Terms.
      4. Provider hereby disclaims and shall not assume any responsibility or liability in connection with any Authorized User’s misuse of the Platform, breach of any of these Terms, or any breach or violation of applicable law. For the avoidance of doubt, Camp shall be responsible and liable for the misuse of the Platform, breach of any of these Terms, or any breach or violation of applicable law by Camp’s Camp Users.  
   4. Use Restrictions. No Authorized User shall use the Platform for any purposes beyond the scope of the access granted in these Terms or by the Administrator. Each Authorized User shall at all times comply with all applicable laws in connection with the Platform and Data input in the Platform. No Authorized User (or anyone else) may, at any time, directly or indirectly: (i) copy, modify, alter or create derivative works of the Platform, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, copy, modify, alter, distribute, publish, transfer, or otherwise make available the Platform or any data which is input into the Platform; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform; (v) use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) knowingly input any false information into the Platform; (vii) impersonate any person or misrepresent an Authorized User’s or Attendee’s identity or any fact about and Authorized User or Attendee; or (viii) perform searches, obtain information, and/or scrape data, in any way for any or no purpose.
   5. Reservation of Rights. Provider reserves all rights not expressly granted to Authorized User in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to Authorized User or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP.
   6. Suspension. Notwithstanding anything to the contrary in these Terms, Provider may temporarily or permanently suspend any Authorized User's access to any portion or all of the Platform if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) any Authorized User's use of the Provider IP disrupts or poses a security risk to the Provider IP, Provider, or to any other customer or vendor of Provider or any other Authorized User; (C) any Authorized User is using the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, a Camp has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider's provision of the Platform to any Authorized User is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider's access to or use of any Third-Party Products required to enable an Authorized User to access the Platform; or (iii) if the Fees are not timely paid (any such suspension described in subclause (i), (ii), or (iii), a “Service Suspension”). Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that any Authorized User may incur as a result of a Service Suspension.  
3. Authorized User Responsibilities.
   
   1. General. Authorized User is responsible and liable for its use of the Platform and all uses of the Platform via Authorized User’s Account.
   2. Third-Party Products. Provider may from time to time make Third-Party Products available to Authorized User, including, without limitation, payment processing products and SMS messaging products. For purposes of these Terms, such Third-Party Products are subject to their own terms and conditions which are incorporated herein by reference and have been accepted by Authorized User.
   3. Use and Confidentiality. Authorized User agrees that while using the Platform, Authorized User is entirely responsible for maintaining the confidentiality of its log-in credentials for use of the Platform with at least the same degree of care that it uses to protect its own confidential and propriety information, but no less than a reasonable degree of care under the circumstances and entering accurate, truthful information into the Platform. Authorized User shall ensure that all activities Authorized User performs in connection with or through the Platform are compliant with all federal, state, local, and international laws, statutes and regulations and these Terms. It shall be Authorized User’s responsibility to identify which laws it must abide by during the course of Authorized User’s use of the Platform. Authorized User hereby acknowledges and agrees that Provider shall not be liable to Authorized User or other third party for any loss that Authorized User or other third party may incur as a result of (i) an unauthorized third-party access to Authorized User’s Account, (ii) Authorized User’s use of the Platform which may be or is in violation of any applicable law, statute, or regulation, or these Terms, and (iii) Authorized User’s reliance on any information or data on the Platform. Provider makes no warranties regarding the accuracy, completeness, or usefulness of any information or data available on the Platform.
4. Fees and Payment.  
   
   1. Fees. Provider operates on a usage-based billing model. The Fees are calculated based on a Camp’s actual use of the Platform, including, without limitation, the number of Attendees, Camp Users, forms, messages, or other measurable actions associated with an Authorized User’s Account. Usage is tracked automatically and is billed through certain Third-Party Products according to the rates and fees published and/or delivered by Provider to a Camp at the time of use of the Platform. All Fees are payable without offset or deduction and are non-refundable unless otherwise required by applicable law. All Fees are due and payable to Provider upon invoicing of same and may be charged automatically to an applicable Authorized User’s account with such Third-Party Product provider which processes payments for Provider. In addition to the Fees, Authorized User acknowledges and agrees that it shall also be responsible for any charges in connection with any fees charged to an Authorized User by the provider of any Third-Party Products incorporated into the Platform. For any Fees which are not timely paid due to an Authorized User’s noncompliance with these Terms, Provider may assess interest on such outstanding Fees at a rate of 1.5% compounded monthly (18% per annum).  
   2. Taxes. Authorized User is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by an Authorized User hereunder, other than any taxes imposed on Provider's income.
   3. Auditing Rights and Required Records. Camp agrees to maintain complete and accurate records while using the Platform and for a period of two (2) years after the termination or expiration of its use of the Platform with respect to matters necessary for accurately determining amounts due hereunder. Provider may, at its own expense, on reasonable prior notice, periodically inspect and audit Camp’s records with respect to matters covered by these Terms, provided that if such inspection and audit reveals that Provider has been underpaid with respect to any amounts due and payable during the Term, Camp or an applicable Parental User(s) shall promptly pay the amounts necessary to rectify such underpayment, together with interest in accordance with these Terms. Camp shall pay for the costs of the audit if the audit determines that Camp’s underpayment equals or exceeds five percent (5%) for any quarter. Such inspection and auditing rights will extend for a period of two (2) years after the Camp terminates its use of the Platform.
5. Confidential Information. From time to time during the Term, Provider and Authorized Users may disclose or make available information about its business affairs, products, confidential intellectual property, customers, Authorized Users, Attendees, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). The receiving Party shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party's rights under these Terms, including to make required court filings. Each Party's obligations of non-disclosure with regard to Confidential Information shall survive indefinitely.
6. Intellectual Property Ownership.  
   
   1. Provider IP. Authorized User acknowledges that Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products. Authorized User further agrees never to challenge, contest, or question the validity of Provider’s ownership of the Platform, including, without limitation, to any improvements, enhancements, modifications, or derivatives thereof made by any party. No rights or licenses are granted to Authorized User except as set forth herein.
   2. Data. Provider acknowledges that it has no ownership right to the Data. Authorized User hereby grants to Provider a non-exclusive, royalty-free, irrevocable, worldwide license to modify and use the Data to perform all acts (consistent with applicable law and the Privacy Policy) with respect to the Data as may be necessary for Provider to provide the Platform to Authorized User.
7. Warranty Disclaimer. Authorized User acknowledges that the Platform may contain errors, omissions, and defects, and its use of the Platform is at its own risk. Authorized User accepts the Platform “AS-IS” and on an “AS-AVAILABLE” basis, with any errors, omissions, defects, or downtime of any kind. Authorized User further acknowledges and agrees that Provider cannot and does not guarantee or warrant that files available for downloading or any links accessed from the internet or the Platform will be free of viruses or other destructive code. Authorized User is responsible for implementing sufficient procedures and checkpoints to satisfy particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO AUTHORIZED USER’S OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE PLATFORM, OR ANY RESULTS OF THE USE THEREOF AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PLATFORM OR RESULTS OF THE USE THEREOF, WILL MEET AUTHORIZED USER’S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
8. Indemnification. Authorized User shall indemnify, hold harmless the Provider and its members, managers, affiliates, employees, contractors, and agents from and against any and all losses, damages, liabilities, costs, judgments, penalties, and expenses (including reasonable attorneys' fees) (collectively, the "Losses") resulting from Authorized User's (and in the case of a Camp, a Camp User’s): (i) negligence or willful misconduct; (ii) breach of any obligation, representation, warranty, covenant or agreement of Authorized User as set forth in these Terms; and/or (iii) Authorized User’s use of the Platform.
9. Limitations of Liability. IN NO EVENT WILL PROVIDER BE LIABLE TO AUTHORIZED USER UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE FOR DIRECT DAMAGES WHICH EXCEED THE AMOUNT OF FEES PAID TO PROVIDER UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Termination.  
    
    1. Provider shall have the right to terminate, change, suspend or discontinue the Platform at any time, and shall further have the right to terminate, change, suspend or discontinue these Terms or any Authorized User’s access to the Platform at any time, for any reason, including, without limitation, Authorized User’s violation of the Terms, in any case without any liability to Provider.
    2. Upon termination of the Platform or an Authorized User’s access thereto, such Authorized User(s) shall immediately discontinue use of the Provider IP and Authorized User shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect an applicable Authorized User’s obligation to pay all Fees that may have become due before such expiration or termination or entitle an Authorized User to any refund of any Fees.
    3. Survival. This Section 10(c) and 1, 4, 5, 6, 7, 8, 9, and 11 survive any termination or expiration of these Terms.
11. Right to Monitor. Provider shall have the right, but shall not be obligated to, monitor Authorized User’s access, history, and use of the Platform from time to time or at any time, in any case without any prior notice to Authorized User. For the avoidance of doubt, Provider cannot undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material or material which violates these Terms after such post has posted. Accordingly, Provider assumes no liability for: (i) any Authorized User’s (or any unauthorized user’s) access or use of the Platform, (ii) action or inaction regarding transmissions, communications, or content provided by any Authorized User or third party which is posted to or made available on the Platform. In connection with Provider’s right to monitor the Platform, the Provider reserves the right to (i) remove or refuse to post any communication made or attempted to be made by Authorized User, for any reason or no reason, (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform, (iii) terminate or suspend Authorized User’s access to all or part of the Platform, and/or (iv) take any other action with respect to the Authorized User’s access to the Platform or ability to use the Platform’s features, in each and any case in the sole discretion of the Provider.
12. Account Confidentiality; Acknowledgements. Authorized User agrees that while using the Platform, Authorized User is entirely responsible for maintaining the confidentiality of its log-in credentials for its Account with at least the same degree of care that it uses to protect its own confidential and propriety information, but no less than a reasonable degree of care under the circumstances and entering accurate, truthful information into the Platform. Authorized User shall ensure that all activities Authorized User performs in connection with, through, or with Data from the Platform are compliant with all federal, state, local, and international laws, statutes and regulations. It shall be Authorized User’s responsibility to identify which laws it must abide by during the course of Authorized User’s use of the Platform. Authorized User hereby acknowledges and agrees that Provider shall not be liable for any loss that Authorized User (or any other party) may incur as a result of (i) an unauthorized third-party access to Authorized User’s Account (or a Camp User’s Account), (ii) Authorized User’s use of the Platform which may be or is in violation of any applicable law, statute, or regulation, or these Terms, and (iii) Authorized User’s reliance on any information or data on the Platform.
13. Miscellaneous.  
    
    1. Entire Agreement. These Terms, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of these Terms and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, these Terms; and (ii) second, any other documents incorporated herein by reference.
    2. Force Majeure. In no event shall Provider be liable to Authorized User, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Provider's reasonable control, including but not limited to acts of God, flood, fire, earthquake, other natural disaster, epidemic or pandemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
    3. Waiver; Amendments. No failure or delay by Provider in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. These Terms may be amended from time to time by Provider, and no prior notice of any such amendment(s) shall be required to be delivered to Authorized User. All changes to the Terms are effective when posted by the Provider. Authorized User’s continued use of the Platform following the posting of revised Terms means that you accept and agree to the revised Terms. Authorized User is expected to check this page frequently so it is are aware of any changes, as they are binding.
    4. Severability. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify these Terms so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
    5. Governing Law; Submission to Jurisdiction. These Terms is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of or related to these Terms or the licenses granted hereunder shall be instituted exclusively in the federal courts federal or state courts having jurisdiction in the Travis County, Texas, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
    6. Assignment. Authorized User may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. These Terms is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
    7. Third Party Beneficiaries. Nothing in these Terms, express or implied, is intended or shall be construed to confer upon any person or entity other than the Parties and their respective officers, directors, shareholders, members, or managers any remedy or claim under or by reason of these Terms or any term, covenant, or condition hereto, as third party beneficiaries or otherwise, and all terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the Parties.
    8. Equitable Relief. The Parties understand and agree that money damages would not be a sufficient remedy for any breach of these Terms and that Provider shall be entitled, in addition to such monetary damages, to seek equitable relief by way of preliminary and/or permanent injunction, specific performance or any other equitable relief to remedy or forestall any such breach or threatened breach by Authorized User (and in the case of a Camp, a breach or threatened breach by a Camp User). Such remedy shall not be deemed to be the exclusive remedy for any breach of these Terms but shall be in addition to all other rights and remedies available at law or in equity. The Parties further acknowledge and agree that the covenants contained herein are necessary for the protection of legitimate business interests and re reasonable in scope.