Terms and conditions
Last updated: July 22, 2026
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 (or otherwise when accepting these Terms on the Platform), the Authorized User expressly acknowledges that it has read and understands these Terms and 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”). The Authorized User hereby also represents and warrants that the person using the Platform on its behalf and accepting these Terms, if applicable, is its authorized representative, and has sufficient authority to bind the Authorized User to these Terms. If you do not agree to the Terms, you must not access or use the Platform.
1. Definitions
In addition to those terms defined throughout these Terms or in our Privacy Policy, the terms below have the following meanings:
- “Account” means the account you must create on the Platform to obtain access to and use same.
- “Administrator” means an employee of a Camp that grants access to the Platform to Parental Users and Camp Users.
- “Aggregated Data” means technical, operational, diagnostic, performance, telemetry, statistical, usage and other data and information derived from or relating to access to or use of the Platform that has been aggregated or de-identified so that it does not identify any Authorized User or Attendee.
- “Attendee” means an attendee of a Camp for whom an Authorized User uses the Platform.
- “Authorized User” means, as applicable, (i) a Camp User, (ii) a Camp Participant, or (iii) a Parental User. Each Authorized User hereby represents and warrants, to the extent applicable, that it has authority to use the Platform, and that it shall use the Platform only, if a Camp User, on behalf of his/her Camp, if a Camp Participant, on behalf of him/herself and the Camp, and if a Parental User, on behalf of its Attendees.
- “Camp” means a person or entity that operates one or more camp business(es) for which such person or entity uses the Platform.
- “Camp Opportunity” means any temporary, seasonal, short-term, volunteer, counselor-in-training, internship, employment, contractor, or other staff opportunity offered or administered by a Camp through the Platform.
- “Camp Participant” means any person who creates or uses an Account, or otherwise uses the Platform, to search for, express interest in, or apply for a Camp Opportunity, or to complete related communications, screening, onboarding, scheduling, or administrative activities. A Camp Participant may also be an Attendee and, if so engaged by a Camp, may separately be granted access to the Platform as a Camp User.
- “Camp User” means any person who accesses or uses the Platform on a Camp’s behalf, including its Administrator and any employee, owner, contractor, or other personnel who has been granted access to an Account for use on behalf of his/her Camp.
- “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, excluding Aggregated Data.
- “Parental User” means the parent(s) or other legal guardian(s) of the Attendee(s) of a Camp.
- “Provider IP” means the Platform, any associated trademarks, logos, slogans and tradenames and other indicia of origin of Provider and/or the Platform, all component parts of the Platform (including, but not limited to any source code and object code, software, content, graphics, etc.), any and all improvements, enhancements, modifications or derivatives of the foregoing, and all associated documentation, instruction and training manuals and other documents or materials pertaining to any of the foregoing.
- “Third-Party Products” means any third-party products provided with or incorporated into the Platform.
2. Access; use; restrictions
(a) Provision of access
Subject to and conditioned on compliance with these Terms, Provider hereby grants to each Authorized User a limited, non-exclusive, non-transferable, non-sublicensable (except to the extent that a Camp must allow its Camp Users access to the Platform to use solely on that Camp’s behalf and for that Camp’s benefit) right to use the Platform solely for the Authorized User’s benefit as described herein.
Accounts have varying levels of access to the Platform for use by Parental Users, Camps, and Camp Participants. Parental Users may use the Platform solely in connection with their Attendees’ enrollment, participation, or attendance at a Camp. Camp Participants may use the Platform solely to create and maintain a profile, identify and apply for Camp Opportunities, communicate with Camps regarding such opportunities, and complete related screening, selection, onboarding, scheduling, and administrative activities. Camp Users may use the Platform only for the benefit of and to manage his/her Camp’s business.
Accounts may have different features, permissions, and access levels depending upon the Authorized User’s role. 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 Camp or Authorized User for any such amendment or modification to, or loss of, access to the Platform.
(b) Administrator
Camp shall designate one or more Administrator(s) of the Platform. Each 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 (iv) that the appropriate level of access has been correctly assigned to each Authorized User Account. Each Camp, and not Provider, is responsible for verifying the identity, age, qualifications, work authorization, licenses, certifications, and other information of each Camp Participant whom it considers or engages for a Camp Opportunity. 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 any Administrator’s access to the Platform and ability(ies) to grant access to the Platform, in Provider’s sole discretion, and shall not be liable to any Camp or Authorized User for any such amendment or modification to, or loss of, access to the Platform.
(c) Enrollment; permitted use; Authorized User liability
Only Camp Users, Camp Participants, and Parental Users may access or use the Platform. Each Camp User and Camp Participant must be at least sixteen (16) years old (although Administrators must be at least eighteen (18) years old). Each Parental User must be at least eighteen (18) years old. A Camp Participant who is under eighteen (18) years old hereby represents and warrants that he/she has obtained authorization from his/her parent to create an Account, create his/her profile and provide personal information to the Camp through the Platform.
Each Camp shall cause each of its Attendees, via its Parental User if the Attendee is under eighteen (18) years old, to 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 are prohibited from using or accessing the Platform.
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.
Camp may only use the 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), including collecting, processing, storing, and otherwise managing Data relating to prospective, current, or former Attendees, Camp Participants, and other individuals with whom the Camp has or seeks to establish a relationship; (iv) post and administer Camp Opportunities, receive, review, and evaluate applications submitted by Camp Participants, communicate with Camp Participants or their designees regarding Camp Opportunities, conduct onboarding, scheduling, and related administrative activities related to same, and administer any resulting employment, volunteer, internship, independent-contractor, counselor-in-training, or other relationship with a Camp Participant; and for no other purposes. Camp shall ensure that all Camp Users and Camp Participants comply with these Terms.
Each Camp is solely responsible for complying with all applicable laws in connection with Camp Opportunities and its collection, use, disclosure, retention, and disposal of Camp Participant data, including applicable child-labor, wage-and-hour, work-authorization, equal-employment-opportunity, anti-discrimination, background-check, tax, workplace-safety, privacy, data-security, and employment-recordkeeping laws, regardless of the source of such information.
The Platform provides technology that allows Camps to post, administer, or communicate regarding Camp Opportunities and allows Camp Participants to identify, apply for, and complete certain activities relating to those opportunities. Provider is not an employer, prospective employer, staffing agency, recruiter, joint employer, agent, or representative of any Camp or Camp Participant, and is not a party to any employment, volunteer, internship, independent-contractor, counselor-in-training, or other relationship established between a Camp and Camp Participant. Provider does not guarantee that any Camp Participant will receive an interview, offer, engagement, or Camp Opportunity, or that any Camp Opportunity will remain available or result in employment or any other relationship. Provider does not independently verify Camp Opportunities, Camps, Camp Participants, application information, references, qualifications, certifications, background information, compensation, working conditions, or representations made by any Camp or Camp Participant. Submission of an application does not require a Camp to consider, respond to, interview, select, or engage the Camp Participant.
Provider hereby disclaims and does not assume any responsibility or liability in connection with any Camp’s or Authorized User’s misuse of the Platform, breach 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 Authorized Users.
(d) Use restrictions
No Camp or Authorized User shall use the Platform for any purposes beyond the scope of the access granted in these Terms. Each Camp and Authorized User shall at all times comply with all applicable laws in connection with the Platform, including with respect to Data input to the Platform. Each Camp is responsible for the acts and omissions of its Authorized Users, including its Parental Users, as if they were its own. 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, except as expressly authorized through the Platform, these Terms, the Privacy Policy, or the applicable individual’s instructions; (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 an Authorized User or Attendee; or (viii) perform searches, obtain information, and/or scrape data, in any way for any or no purpose.
Authorized Users are not permitted to use credentials of any other person, and credentials cannot be shared between Authorized Users.
(e) Reservation of rights
Provider reserves all rights not expressly granted to Camp or 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 Camp, Authorized User, Attendee, or any third party, any intellectual property rights or other right, title, or interest in or to any Provider IP.
(f) Suspension
Notwithstanding anything to the contrary in these Terms, Provider may temporarily or permanently suspend any Camp’s or 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 customer or vendor of Provider or any Authorized User; (C) Provider believes in good faith that an 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 Camp or 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.
(g) Feedback
Camps and Authorized Users may from time to time give Provider comments, suggestions, or ideas relating to the Platform, including its functionality, or Provider’s products/services (collectively, “Feedback”). Each Camp and Authorized User hereby acknowledges and agrees that Provider may use the Feedback in its business without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, such Camp or Authorized User grants Provider and its affiliates and each such party’s respective service providers, licensees, successors, and assigns a perpetual, unlimited, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise exploit and disclose to third parties any such material for any purpose.
(h) Prohibited uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from applicable countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information for exploitative, harmful, unlawful, or unauthorized purposes, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Provider, a Provider employee, another user, or any other person or entity (including, without limitation, by using email addresses, Account or credentials associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Provider or users of the Platform or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair its website or interfere with any other party’s use of the Platform.
- Use any content available on or via the Platform, any portion thereof, or any output generated, for training any machine learning or artificial intelligence tool, software or platform.
- Use any content available on or via the Platform, any portion thereof, or any output generated, for the purpose of identifying a specific individual or extracting personal information.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Copy, mirror or otherwise attempt to replicate or reproduce the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
3. Camp and Authorized User responsibilities
(a) General
Each Camp is responsible and liable for its Authorized Users’ use of the Platform and all uses of the Platform via its and their Accounts.
(b) Third-Party Products
Provider may from time to time make Third-Party Products available to Camp and Authorized Users, 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 to which each Camp and Authorized User agrees by entering into these Terms or accessing or using the applicable Third-Party Product.
(c) Use and confidentiality
Each Camp and Authorized User agrees that it is entirely responsible for maintaining the confidentiality of log-in credentials for use of the Platform assigned to such person, and for entering accurate, truthful information into the Platform. Each Camp shall ensure that all activities conducted by its Authorized Users in connection with or through the Platform, comply with all federal, state, local, and international laws, statutes, and regulations and these Terms. It shall be Camp’s and each Authorized User’s responsibility to identify which laws it must abide by during the course of its use of the Platform. Each Camp and Authorized User hereby acknowledges and agrees that Provider shall not be liable to Camp, Authorized User, or other third party for any loss that Camp, Authorized User, or other third party may incur as a result of (i) unauthorized third-party access to any Account associated with such Camp or Authorized User, (ii) Authorized User’s use of the Platform 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. In addition, each Camp Participant represents, warrants, and agrees that such Camp Participant possesses, or will obtain before commencing any applicable Camp Opportunity, all work authorizations, permits, licenses, certifications, parental or legal guardian approvals, and other documentation required by applicable law or the relevant Camp.
(d) Compliance with laws
Each Authorized User will comply with all applicable laws, rules, and regulations in connection with its access to and use of the Platform.
Each Camp represents and warrants that it will comply with all applicable laws, rules and regulations in the conduct of its business, including providing all notices and obtaining and maintaining all required consents from Camp Users, Camp Participants, and Attendees and their parents and legal guardians, where applicable, to permit Provider to collect, share and process the Data as set forth herein and in the Privacy Policy.
4. Fees and payment
(a) Fees
Provider operates on a usage-based billing model. The fees due to Provider for such use (“Fees”) are calculated based on each party’s actual use of the Platform, including, without limitation, the number of Attendees, Parental Users, 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 through our payment processors. In addition to the Fees, each of Camp and Parental 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, Provider may assess interest on such outstanding Fees at a rate of 1.5% compounded monthly (18% per annum).
(b) Taxes
Each of Camp and Parental 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 Camp or Parental User hereunder, other than any taxes imposed on Provider’s income.
(c) 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. If such audit reveals that Provider has been underpaid with respect to any amounts due hereunder, the Authorized User or Camp, as applicable, shall promptly pay the amounts necessary to rectify such underpayment, together with interest in accordance with these Terms. Each of Camp and Parental User shall pay for the costs of the audit if the audit determines that the underpayment equals or exceeds five percent (5%) for any applicable calendar 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, Provider, Camp, and Authorized Users may disclose or make available information about its business affairs, products, confidential intellectual property, customers, other 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, whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). The receiving Party shall not use or disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s affiliates, and its and their respective employees, contractors and service providers who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder, provided that all such persons are subject to a duty of confidentiality at least as restrictive as those set forth herein. The receiving Party shall also implement, maintain and comply with reasonable controls designed to protect the other Party’s Confidential Information from unauthorized use or disclosure. 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 (unless such order prohibits such disclosure); 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
(a) Provider IP
Each of Camp and Authorized User acknowledges that, as between it and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. 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. Each of Camp and 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 Camp or Authorized User except as set forth herein.
(b) Data
Provider acknowledges that it has no ownership right to the Data. Each of Camp and 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, maintain, support, secure and improve the Platform and related services.
Provider may collect, generate and use Aggregated Data for any lawful purpose, including to monitor, analyze, maintain, secure, develop, test and improve the Platform and Provider’s products and services; conduct analytics, research and benchmarking; and develop, train, test, validate and improve artificial intelligence and machine-learning technologies and models. Provider may process Aggregated Data through third-party service providers and artificial intelligence tools in connection with the foregoing purposes. As between the parties, Provider owns all right, title and interest in and to the Aggregated Data.
7. Warranty disclaimer
Each of Camp and Authorized User acknowledges that the Platform may contain errors, omissions, and defects, and its use of the Platform is at its own risk. Each of Camp and Authorized User accepts the Platform “AS-IS” and on an “AS-AVAILABLE” basis, including with any errors, omissions, defects, or downtime of any kind. Each of Camp and 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. Each of Camp and Authorized User is responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Provider for any reconstruction of any lost or corrupted Data. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO CAMP’S OR AUTHORIZED USER’S USE 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 WARRANTY OF ANY KIND WITH RESPECT TO THE PLATFORM, OR ANY RESULTS OF THE USE THEREOF, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING 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 CAMP’S, 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. Hold harmless
Each of Camp and Authorized User hereby holds harmless, and agrees that neither Provider nor any of its affiliates or each of our and their respective employees, officers, directors, owners, members, managers, and agents (collectively, “Provider Parties”) shall have any liability and shall not be responsible for any losses, damages, costs, judgments, penalties, costs or expenses (including reasonable attorneys’ and legal fees) (collectively, “Losses”) arising from or in connection with: (i) the access or level of access granted by Administrators to Authorized Users; (ii) any Authorized User’s or Camp’s use or misuse of the Platform, breach of these Terms or violation of law; (iii) Service Suspensions; (iv) any unauthorized third-party access to Authorized User’s Accounts, (v) Camp’s or Authorized User’s reliance on any information or data on the Platform; (vi) any Data and Provider’s processing thereof in accordance with these Terms, including if an Authorized User or any other party uploads such Data in violation of law, or has not obtained any necessary authorization/consent or provided any notices to such persons as required by law; or (vii) termination, change, discontinuation or suspension of Camp’s or Authorized User’s access to or use of the Platform.
9. Indemnification
Each of Camp and Authorized User shall indemnify and defend the Provider Parties from and against any and all Losses resulting from or arising in connection with its own or, where applicable, its Authorized User’s, its Attendee’s or other parties contacted or with whom they communicate as part of their business; (i) negligence, gross negligence, fraud or willful misconduct; (ii) breach of any obligation, representation, warranty, covenant or agreement in these Terms; and/or (iii) use of the Platform.
10. Limitations of liability
IN NO EVENT WILL PROVIDER OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, 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; OR (B) ANY OTHER DAMAGES IN EXCESS OF USD$500.
11. Limitation on time to file claims
ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Termination
Provider shall have the right to terminate, change, suspend or discontinue the Platform and may terminate these Terms in whole or in part at any time, and shall further have the right to terminate, change, suspend or discontinue these Terms or any Camp’s or Authorized User’s access to the Platform at any time, for any reason, including, without limitation, due to Camp’s or Authorized User’s violation of the Terms. Each of Camp and Authorized User agrees and acknowledges that Provider shall incur no liability for such termination, change, discontinuation or suspension.
Upon termination of the Platform or these Terms or Camp’s or an Authorized User’s access to the Platform, such Camp or Authorized User(s) shall immediately discontinue use of the Provider IP, and each of Camp and Authorized User shall delete, destroy, or return all copies of the Provider IP in its possession or under its control, and certify in writing to Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect an applicable Camp’s or Authorized User’s obligation to pay all Fees that may have become due before such termination or entitle Camp or Authorized User to any refund of any Fees. This paragraph and Sections 1, 2(d), 2(e), 2(g), 2(h), 5, 6, 7, 8, 9, 10, 11, 12, 14 and 15 shall survive any termination or expiration of these Terms.
13. Right to monitor and remove
Provider shall have the right, but shall not be obligated to, monitor Authorized User’s access, history, and use of the Platform at any time, in any case without any prior notice to such Authorized User or Camp.
For the avoidance of doubt, Provider does not undertake to review any 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, each Camp and Authorized User hereby holds harmless and agrees that Provider is not liable or responsible 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.
Provider reserves the right to (i) remove or refuse to post any communication made or attempted to be made by Camp or an 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 or posting or attempted posting of offensive, defamatory, illegal, or otherwise objectionable content, (iii) terminate or suspend Camp’s or Authorized User’s access to all or part of the Platform, and/or (iv) take any other action with respect to Camp’s or 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 Provider.
14. Account confidentiality; acknowledgements
Each Camp shall ensure that all activities conducted by any Camp User acting on its behalf comply with all applicable federal, state, local, and international laws, statutes, rules, and regulations. Each Parental User and Camp Participant shall ensure that all activities conducted by such Authorized User in connection with the Platform or any Data comply with all applicable federal, state, local, and international laws, statutes, rules, and regulations. Each Camp and Authorized User is responsible for identifying the laws applicable to its use of the Platform. Each Camp and Authorized User hereby acknowledges and agrees that Provider shall not be liable for any Loss that Camp or an Authorized User (or any other party) may incur as a result of (i) unauthorized third-party access to any Account associated with such Camp or Parental User, (ii) such Camp’s or Authorized User’s use of the Platform which may be or is in violation of any applicable law, statute, or regulation, or these Terms, or (iii) such Camp’s or Authorized User’s reliance on any information or data on the Platform.
15. Miscellaneous
(a) Entire agreement
These Terms, together with any other documents incorporated herein by reference, constitute the sole and entire agreement of the Parties with respect to the subject matter hereof 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.
(b) Force majeure
In no event shall Provider be liable hereunder, 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.
(c) 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 in its discretion, and no prior notice of any such amendment(s) shall be required to be delivered to any Camp or Authorized User. All changes to the Terms are effective when posted by Provider. Camp’s and Authorized User’s continued use of the Platform following the posting of revised Terms means that you accept and agree to the revised Terms. Camp and Authorized User are expected to check this page frequently so they are aware of any changes, as they are binding.
(d) Severability
If any provision of these Terms is held 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.
(e) Governing law; submission to jurisdiction
These Terms are 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 use of the Platform or the licenses granted hereunder shall be instituted exclusively in the federal or state courts having jurisdiction in Travis County, Texas, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding, and waives any objection it may have to the laying of such venue.
(f) Assignment
Neither any Camp nor any Authorized User may 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 (except that it may allow its Authorized Users to use the Platform on its behalf and solely for the purpose of furthering such Camp’s business, and, if a Parental User, enrolling his/her/their Attendee(s) and managing their attendance at that Camp). 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. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
(g) Third party beneficiaries
Except as specifically stated herein, nothing in these Terms, express or implied, is intended or shall be construed to confer upon any person or entity other than the Parties 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.
(h) Equitable relief
The Parties understand and agree that money damages would not be a sufficient remedy for any breach of these Terms by Camp or Authorized User, and that Provider shall be entitled, in addition to any other remedies it may have under these Terms or at law, 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 Camp or Authorized 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 are reasonable in scope.
Contact
For questions about these Terms, contact us at support@campfront.com.