CampNexxus

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Terms of Service

Terms of Service

Terms of Use Agreement Effective Date: May 1, 2025 SECTION 15 OF THIS TERMS OF USE AGREEMENT INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT UNLESS YOU VALIDLY ELECT TO OPT OUT OF SUCH PROVISION. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

This Terms of Use Agreement (the “Agreement”) is a legal contract between CampNexxus, LLC (“CampNexxus,” “we,” “us,” or “our”) and you (“you” or “your”), which governs your use of and/or access to our Services (defined below).

This Agreement applies to all individuals and entities who visit, use or access any of the Services (“Users”). By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user, partner, or customer of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to enter into this Agreement on behalf of such employer or other entity and are able to bind such employer or other entity to the terms and conditions of this Agreement. This Agreement incorporates the CampNexxus Privacy Policy.

We reserve the right to amend this Agreement (including the Privacy Policy) at any time by notifying you as provided in this Agreement. Your continued use of the Services after any such change constitutes your acceptance of the revised Terms of Use. If you do not agree to any of these terms of this Agreement, you are not permitted to use or access (or continue to access), the Services.

Services This Agreement applies to your interactions with CampNexxus through the following mechanisms, which are collectively referred to as the “Services”: On the CampNexxus website: www.campnexxus.com (the “Website); On any CampNexxus mobile application; and Through email, chat, or other online communication between you and CampNexxus.

Users: The term “you” applies to visitors who browse the Website and individuals who access and use the Services on their own behalf and/or on behalf of an entity. Users that use the Services to search for, advertise to, and/or solicit prospective campers and camper families and/or post and/or distribute camp openings ("Camp Advertisements"), on behalf of themselves and/or a third party are also referred to in this Agreement as a "Client." If you use CampNexxus on behalf of an employer, organization, agency, institution, or other entity, then (a) "you" includes both you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. If you use the Services to register for camp alerts or to search for or apply to Camp Advertisements, we refer to you as a "Camp Seeker."

  1. USE OF THE SERVICES By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the actions of Camp Seekers or Clients.

A. Eligibility You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can form a binding contract with CampNexxus. If you are under the age of eighteen (18) or the age of majority, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by CampNexxus, unless we have provided you with specific written authorization.

B. Contact with You by Email By providing CampNexxus your email address, you consent to our using the email address to send you Service-related and other non-commercial notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email camp alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive camp alert emails and/or marketing communications from us, you may opt-out or change your preferences by following the opt-out and/or unsubscribe instructions in the email message. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers, but that while you can opt-out of marketing messages and email camp alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes.

C. User Accounts The information in this section applies to all User accounts. If you sign up and/or create an account with CampNexxus (in accordance with Section 8 below), you may control your profile information and how you interact with the Services by changing the settings on your account page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.

You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

CampNexxus may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.

D. General Rules for Use of Services You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the CampNexxus servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that CampNexxus grants the operators of public search engines revocable permission to use spiders to copy materials from the Websites for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by CampNexxus.

We may, without prior notice, change any aspect of the Services, stop providing the Services or features of the Services, or create usage limits for the Services (for paid products and services). If any such change, cessation or limitation of the Services materially and adversely affects you, then you may terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, as and if applicable. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.

You are solely responsible for your interactions with other CampNexxus Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CampNexxus shall have no liability for your interactions with other Users, or for any User's action or inaction. CampNexxus shall have no obligation to you to enforce this Agreement against any other User.

  1. USER CONTENT AND USERS

A. Posting or Viewing User Content The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Camp Advertisements, camp requirements, screening questions, screening criteria, camp information, a camper’s application information, content of messages, logos, trademarks, comments, questions, and other content or information ("User Content").

User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.

B. Prohibited Types of User Content The following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Camp Advertisements, you further agree that such content will not contain any personally identifiable information.

C. No Warranties or Obligations You agree that CampNexxus makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages and Camp Advertisements. You further agree that CampNexxus acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that CampNexxus is not responsible and has no liability for User Content.

You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, Camp Advertisements and content of messages. Your reliance on any User Content is at your own risk.

Notwithstanding the foregoing, although CampNexxus has no obligation to screen User Content, to the extent that CampNexxus becomes or is made aware of User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with CampNexxus, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for CampNexxus or otherwise negatively impact CampNexxus, CampNexxus reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.

D. User Content and the U.S. Communications Decency Act Please note Section 230 of the U.S. Communications Decency Act ("CDA") (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as CampNexxus, when such online service providers provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).

The decision by CampNexxus to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: "No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…"

E. User Interactions and Assumption of Risk You understand and agree that CampNexxus does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Camp Seekers, camps, and agencies. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release CampNexxus, its affiliates, its third party providers, and all of their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

F. Content Disclosure CampNexxus reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of CampNexxus where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.

  1. USER CONTENT LICENSE GRANT

By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to CampNexxus, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Websites, distributing such User Content through the CampNexxus distribution and publishing network and in camp alerts to camp seekers, and to promote CampNexxus and the Services. This license continues even if you stop using the Services.

If you are a Client, you acknowledge and agree that CampNexxus has no obligation, and may be unable, to remove your Camp Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the CampNexxus distribution and publisher network, (ii) listed in search engine results, or (iii) distributed on websites and in camp alert emails or camp alert texts, or (iv) incorporated into fixed media displays of CampNexxus or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by CampNexxus to identify you as a User of the Services in any promotional and marketing materials to promote CampNexxus and the Services. Further, to the extent you have given CampNexxus the right to access certain User Content that is present on another website or service you own or control, you give CampNexxus the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above, notwithstanding any prohibition on scraping set forth in the terms of use or other contractual terms governing such website.

You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by CampNexxus of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.

  1. CAMP ADVERTISEMENTS You agree and acknowledge that if you are a Client and purchase credits to be used for Camp Advertisements, the Camp Advertisements must comply with any applicable specifications, conditions and limitations associated with such Camp Advertisements, as set forth in the description of such credits prior to purchase. Any free credits for Camp Advertisements provided to you must also comply with any such specifications, conditions and limitations, regardless of the fact that such credits were provided to you without charge.

  2. OUR PROPRIETARY RIGHTS This Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Accordingly, you hereby agree that CampNexxus transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software, (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, "CampNexxus Content"). All such CampNexxus Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback) are exclusively owned, controlled, and/or licensed by CampNexxus or its licensors or affiliates. CampNexxus, the Website names and logos, and all other marks are proprietary trademarks of CampNexxus and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of CampNexxus is hereby strictly prohibited. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the CampNexxus Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.

If you participate in any evaluation regarding the Services or otherwise provide CampNexxus suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"). Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-exclusive right and license for CampNexxus to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. To the extent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights, in your Feedback. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.

  1. FREE TRIALS AND PAID SERVICES FOR CLIENTS EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND CAMPNEXXUS, THE FOLLOWING TERMS WILL APPLY TO CLIENTS USING PAID SERVICES.

A. Billing Policies Certain aspects of the Services may be provided for a fee. If you are a Client and elect to use a paid feature of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Any recurring charges are billed in advance of service. CampNexxus may (1) add new services and products for additional fees and charges, at any time in its sole discretion, or (2) amend fees and charges for existing services, at any time in its sole discretion upon notice.

We may also provide certain products or services via our third-party partners and you agree that your use of such third-party products or services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that CampNexxus has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you. If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount. All disputes must be submitted to CampNexxus in writing within thirty (30) days from the date of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not disputed within such thirty (30) day period. In the event that the dispute is resolved against you, you shall pay such amounts plus interest at the rate referenced in Section 6(C) below.

B. No Refunds for Paid Services You may cancel your purchase of paid services at any time pursuant to Section 6.E below, and you accept that you will not receive a refund of pre-paid fees for such cancellation, except where otherwise set out in this Agreement. In the event that CampNexxus suspends, limits, conditions, or terminates your access to the Services and/or your account due to your material breach of this Agreement or any other agreement that you have with CampNexxus, you understand and accept that you will not receive a refund for any unused Services with respect to fees that you have pre-paid for a product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay CampNexxus the entire fees due for the product or service, as applicable.

C. Payment Information; Taxes; Delinquent Payments If you are a Client, you authorize CampNexxus to provide any Authorized User associated with your account, or such other persons as you may hereafter specify in writing, access to view, change, and inquire, about bank, payment, tax or other information relating to your business relationship with CampNexxus.

All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time CampNexxus is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to CampNexxus upon written notice.

If you elect to add additional paid services or products to your account or upgrade your account, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.

Delinquent payments may bear interest at the rate of one-and-one-half percent per month (eighteen percent per annum) or the highest rate permitted by law, if less, from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by CampNexxus in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement.

D. Credit and Debit Cards In the event that you pay for any Services using a credit card or debit card, you authorize CampNexxus to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the paid service or product, together with any applicable sales, use, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf, and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that CampNexxus may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.

E. Free Trials and Paid Services (for Clients that have not executed a paper contract) EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND CAMPNEXXUS, YOU ACKNOWLEDGE AND AGREE THAT ANY FREE TRIAL OFFERED TO YOU, OR PAID SERVICE YOU ORDER, WILL CONTINUE UNTIL IT EXPIRES, UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

F. Suspension or Termination. (i) Suspension or Termination for Cause. CampNexxus may suspend or terminate your access to the Services and/or this Agreement in the following instances: (I) if you breach this Agreement and cannot correct the breach within that period required by CampNexxus if the breach is capable of cure; (II) immediately, if you fail to pay any monies owed to CampNexxus for paid services; (III) immediately if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (IV) immediately in the event of violations of this Agreement; (V) for any abuse, inappropriate behavior, or other conduct (including posting inaccurate, false, misleading, or dishonest Camp Advertisements), which in our sole discretion adversely affects or has the potential to affect us, our employees or users of our Services; (VI) immediately if you send excessive, disruptive, deceptive, dishonest, or abusive communications to another User by mail, email, text, phone, or other mode of communication (as may be determined in CampNexxus’ sole discretion), regardless if such communication takes place on or off the Services; and/or (VII) immediately if you in any way disclose, transfer, or sell any Data within a User’s application or profile to a third party, except as expressly permitted by this Agreement. In the event of any suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with CampNexxus (other than a termination for convenience by CampNexxus), you remain responsible for the entire amount of the fees (pre-paid and/or due) and you will not receive a refund of any pre-paid fees, for the applicable Services. CampNexxus may also suspend your access to the Services without penalty and without notice, in the event of a suspected violation of this Agreement. In the event your access to the Services is terminated for cause in accordance with clauses (V), (VI), or (VII) above, you shall further be prohibited from signing up for or using any other User account, free trial, or paid service on the Services. (ii) Suspension or Termination for Convenience. CampNexxus can terminate your access to the Services and/or this Agreement for convenience via email notification to you and, in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services that will not be provided as a result of the termination. (iii) Your Termination Rights. You may terminate this Agreement if CampNexxus materially breaches this Agreement and does not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to: lindsey@campnexxus.com Pre-paid fees are non-refundable, except in the case of an uncured material breach by CampNexxus (and in the absence of any contributory act and/or omission to act by you), in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided.

  1. ADDITIONAL TERMS THAT APPLY TO CAMP SEEKERS As a Camp Seeker, you can (i) use the Services to search for camps, (ii) apply for camps ("Camp Applications"), and (iii) receive camp alert emails, where such features are available to you ("Camp Alerts").

If you use the Services, provide your or your child’s information to CampNexxus, and/or sign up for Camp Alerts, you agree that we may (A) use the information you provide to send you information about Camp Advertisements that may be of interest to you; and (B) display or provide your and/or your child’s information and any other information you provide to us to a camp that has posted a Camp Advertisement that you have applied to. This means that you give us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your and/or your child’s information and any additional information you provide to us, to share or otherwise use such information as we reasonably require to fulfill the services we provide to you.

A. Camp Applications in General By applying to a Camp Advertisement on the Services, you give us permission to store your and/or your child’s information on the Services and to share your and/or your child’s information with the entity that posted the Camp Advertisement. Once you submit a Camp Application, your and/or your child’s and other applicable information will be shared with the entity that posted the Camp Advertisement as long as any parameters selected by that entity are met, where applicable. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.

If you ask CampNexxus to submit such materials to any third party or if you apply for a camp using the Services, you accept that CampNexxus does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Camp Applications, or that the transmission of data will be error-free.

B. Applying to Camp Advertisements on a CampNexxus Website When you apply to a Camp Advertisement on a CampNexxus Website, if all parameters selected by the entity that posted the Camp Advertisement are met, we will send the information you provide to the poster of the Camp Advertisement, provided that the poster has selected to receive materials through the Services. CampNexxus cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.

C. Camp Alerts You can manually sign up to receive camp alerts by email. In addition to a manual sign up, if you apply to Camp Advertisements on a CampNexxus website, you may agree to receive email camp alerts based on the type of camp you selected. You can edit or change the type of camp alerts you want to receive by using the links in the camp alerts emails sent to you. When you sign up to receive camp alerts, you will also be subscribed to our newsletter for the CampNexxus Website you are using. You may opt out of camp alerts or this newsletter by clicking on the unsubscribe link in your camp alert and newsletter email. Please note that each camp alert and newsletter email is a separate subscription, and to unsubscribe you must unsubscribe from each individually. You can also contact lindsey@campnexxus.com if you need assistance.

D. Interactions with Other Users You are solely responsible for your interactions with Users whom you contact or who contact you. You should therefore use caution with regard to the information you elect to share as part of your Camp Application. Only list the contact information that you are comfortable disclosing to Clients and other Users of the Services.

In addition to carefully reviewing this section and Section 2 above, you should conduct your own due diligence on potential camps and Camp Advertisements that may be of interest to you. As mentioned in Section 2, CampNexxus does not authenticate Users or guarantee that a Camp Advertisement is suitable, legitimate or real.

If you are concerned about any particular communication you have received from a potential camp (either because it’s unsolicited or you received the communication in response to your Camp Application), or if you are concerned about any particular Camp Advertisement you find on a CampNexxus Website, you should consider doing the following:

a. Contact CampNexxus immediately at lindsey@campnexxus.com and do not respond to the sender of the communication; and concurrently, b. Conduct your own Internet search of the company and the person who emailed you. 8. ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF CAMP ADVERTISEMENTS As a Client, you can use the Services to post and/or distribute Camp Advertisements on behalf of yourself and/or a third party.

A. Content Rules With respect to all Camp Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Camp Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to privacy laws in your jurisdiction and the jurisdictions in which the camps are located; (ii) you have the necessary rights to permit the publication and use of Camp Advertisements by CampNexxus pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Camp Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Camp Advertisements shall comply with the then-current versions of this Agreement and Camp Posting Rules (referenced below); and (v), you have the authority to grant permission to CampNexxus to wrap or collect Camp Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause CampNexxus to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Camp Advertisements or material to which users can link though such Camp Advertisements. You agree to indemnify and hold CampNexxus and its affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Camp Advertisements provided by you or any other content provided by you, or your breach of this Agreement.

You agree not to post or promote any Camp Advertisements that: (i) contain inaccurate, false, or misleading information; (ii) contain "hidden" keywords or keywords that are irrelevant to the camp opportunity being presented; (iii) advertise camp openings located outside of the United States; (iv) require the applicant to provide information relating to his/her or his/her child’s (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) sexual life, or (g) the commission of criminal offences or proceedings; (iv) contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; (v) involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; (vi) contain links to any site competitive with CampNexxus or CampNexxus Websites other than to an actual camp posting; or (vii) do not otherwise comply with the then-current camp posting rules as provided in Section 4.

REPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our Websites, violate the Content Rules, please contact us at lindsey@campnexxus.com and state the following in the subject-line of your email: Violation of Content Rules. For content that allegedly violates your copyright, please see Section 10 below.

B. Publication and Distribution of Camp Advertisements By submitting Camp Advertisements to CampNexxus (whether or not during a free trial), you agree that CampNexxus is under no obligation to accept, publish, or distribute your Camp Advertisements. CampNexxus may require some Camp Advertisements and/or Clients to be reviewed and/or verified to prevent fraud or abuse of the Services, improve our Services, or for any other reason in CampNexxus’ sole discretion.

CampNexxus will make reasonable efforts to distribute Camp Advertisements to third-party services in Camp Nexxus’ distribution network, or in camp alert emails (where a Camp Seeker has opted-in to receive such alerts) (collectively, "Distribution Channels"); provided, however, that CampNexxus has sole discretion in determining which Distribution Channels the Camp Advertisements may be placed. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Camp Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Camp Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Camp Advertisement and may reject a Camp Advertisement for any reason or no reason, whether you have purchased a camp posting package, or a free trial, and even if you have paid for a "Premium Post." You agree that CampNexxus is not liable to you or any third party if your Camp Advertisement is rejected or not posted, and you will not be entitled to any refund for Camp Advertisements not posted or distributed. By submitting a Camp Advertisement, you give us permission to distribute that Camp Advertisement in the Distribution Channels and on CampNexxus Websites.

We do not guarantee any responses, or the number of responses, to your Camp Advertisements, including, without limitation, views, clicks, or applications, or that any responses will be from individuals suitable for the camper vacancies you advertised. We make no guarantee as to the applicants that you will receive as a result of your Camp Advertisement. You are solely responsible for verifying information provided by, and selecting, appropriate candidates. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Camp Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Camp Advertisements.

C. Authorized Users You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit access to the number of users that are allowed under your account to those of your employees who have a need to access your account to enable you to receive the benefit of the Services (each, an "Authorized User"). Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other agreement that you have with CampNexxus; (v) you will immediately notify CampNexxus of any suspected or alleged violation of this Agreement, including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with CampNexxus with respect to investigation of any suspected or alleged violation of this Agreement and any action by CampNexxus to enforce this Agreement.

CampNexxus may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof, in the event that CampNexxus reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.

D. Removal of Advertisements; Enforcement; Termination You acknowledge and agree that CampNexxus may, with no liability or penalty, remove any Camp Advertisement or other content, communication or information posted, which in the sole judgment of CampNexxus, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect CampNexxus; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.

We also have the right to: ● Remove or refuse to post any User Content for any or no reason in our sole discretion. ● Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Rules, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us. ● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. ● Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services. ● Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS CAMPNEXXUS AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

E. Camp Seekers You agree to deal fairly and professionally with, and not discriminate against, individuals and families who may respond to your Camp Advertisement and agree to indemnify us from and against any claim brought by an individual against CampNexxus arising from your breach of this Agreement or any other agreement you have with CampNexxus.

F. Data Protection You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend CampNexxus at your own expense against all costs, claims, damages or expenses incurred by CampNexxus for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.

For the purposes of this Agreement, ‘Personal Data' means any information or pieces of information that could identify a natural person either directly (e.g. name, email address, phone number) or indirectly (e.g. through pseudonymized data, such as a unique ID number). This means that personal data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, and health information. It could also include unique numerical identifiers like computer IP address.

  1. PRIVACY AND SECURITY Please refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data. Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data for improper purposes. You acknowledge that you provide your personal data at your own risk.

  2. INFRINGING CONTENT A. DMCA Notice Procedure (Copyrights) It is the policy of CampNexxus to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), or if you reside outside the United States, any similar applicable law with respect to copyright infringement in the jurisdiction in which you are located.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify the CampNexxus copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Services;
  4. Information reasonably sufficient to permit CampNexxus to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. CAMPNEXXUS WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED. The above information must be submitted to the following DMCA Agent: Attn: DMCA Agent

Email: ______________ UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Copyright Counter-Notices. If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:

  1. To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
  2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):

  1. Identify the specific URLs of material that CampNexxus has removed or to which CampNexxus has disabled access.
  2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your account.
  3. Provide a statement that you consent to the jurisdiction of the courts of the state of Massachusetts, and that you will accept service of process from the person who provided notification to CampNexxus in accordance with the process outlined above or an agent of such person.
  4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.” Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address: Attn: DMCA Agent

Email: ______________

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, you therefore consent to having such identifying information revealed in this way.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

General. In accordance with the DMCA and other applicable law, CampNexxus has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. CampNexxus may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

B. Other Infringing Content (Trademarks) If you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at lindsey@campnexxus.com. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.

  1. THIRD-PARTY LINKS AND SERVICES The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by CampNexxus (collectively, "Third-Party"). CampNexxus does not endorse or assume any responsibility for any such Third-Party sites, information, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your own risk, and you understand that this Agreement and the CampNexxus Privacy Policy do not apply to your use of such Third-Party sites or services. You expressly relieve CampNexxus from any and all liability arising from your use of any Third-Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CampNexxus shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  2. INDEMNITY To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless CampNexxus and its affiliates, and their respective directors, officers, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with CampNexxus, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including any applicable data protection, email marketing, or telemarketing laws; (v) any claims or damages that arise as a result of your User Content; (vi) any other party's access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.

  3. NO WARRANTY A. Disclaimer of Warranties NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPNEXXUS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAMPNEXXUS, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAMPNEXXUS’ LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT CAMPNEXXUS’ OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.

B. Universal Disclaimer CAMPNEXXUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CAMPNEXXUS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

CAMPNEXXUS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

  1. LIMITATION OF LIABILITY (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL CAMPNEXXUS, ITS AFFILIATES, AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT OR OMISSION RELATING TO THIS AGREEMENT AND GIVING RISE TO THAT LOSS, WHETHER OT NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THIS AGREEMENT AS A PROBABLY RESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL CAMPNEXXUS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPNEXXUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

(C) IN NO EVENT SHALL CAMPNEXXUS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CAMPNEXXUS IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $100, WHICHEVER IS LESSER.

(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF CAMONEXXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  1. AGREEMENT TO ARBITRATE This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against CampNexxus to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of Arbitration provision in these Terms of Use. You will only be permitted to pursue claims against CampNexxus on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 15 is enforceable, the following mandatory arbitration provisions apply to you:

A. Binding Arbitration This Section 15 is referred to in this Agreement as the "Agreement to Arbitrate". Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and CampNexxus or its affiliates, whether relating to the Services, this Agreement (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified mail or Federal Express (signature required) or, in the event that we do not have a physical address on file for you, by electronic mail. CampNexxus’ address for Notice is: __________________.

The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or CampNexxus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CampNexxus shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Additional Requirements: The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and CampNexxus. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. Any arbitration hearings will take place at a location to be agreed upon in Boston, Massachusetts, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; or (b) submitted to the arbitrator through a non-appearance based telephonic hearing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and CampNexxus may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

B. Restrictions You and CampNexxus agree that any arbitration shall be limited to the Dispute between CampNexxus and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

C. Exceptions to Informal Negotiations and Arbitration You and CampNexxus agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or CampNexxus’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

D. 30 Day Right to Opt Out of Arbitration You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 15 by sending written notice of your decision to opt-out to lindsey@campnexxus.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to CampNexxus within thirty (30) days of your registering to use the Services or agreeing to these terms, whichever occurs first, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

  1. GENERAL A. Governing Law and Location The Services are controlled and operated by CampNexxus from within the United States of America. CampNexxus makes no representations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all United States of America, as well as local laws, if and to the extent local laws are applicable. Unless otherwise required by a mandatory law, this Agreement and any Disputes shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as otherwise expressly provided in this Agreement, all arbitration and other litigation of any dispute between you and CampNexxus related to this Agreement shall be located in a court of competent jurisdiction in Boston, Massachusetts.

You may not use the Services if you are a resident of a country embargoed by the United States government or are a foreign person or entity blocked or denied by the United States government.

B. Assignment This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of an authorized representative of CampNexxus. CampNexxus can assign this Agreement or delegate its obligations without restriction other than as required under applicable law.

C. Relationship of the Parties Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Except as set out in this Agreement, only you and CampNexxus may enforce this Agreement as this contract is between you and CampNexxus; no other party shall be entitled to enforce the terms of this Agreement.

D. Notification Procedures CampNexxus may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by CampNexxus in its sole discretion. CampNexxus reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. CampNexxus is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

E. Entire Agreement This Agreement, together with any (1) written agreement bearing a signature by an authorized CampNexxus representative and (2) formal document titled "Quote" sent by CampNexxus to you, which is accepted by you shall constitute the entire agreement and understanding between you and CampNexxus concerning the Services. No other contrary statement, promise, or representation made or given by or on behalf of CampNexxus shall have any force or effect, and you acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or behalf of CampNexxus, which is not set out in this Agreement, or any document expressly referred to herein.

F. Compliance with Laws You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.

G. Confidentiality Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, pricing data, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of CampNexxus; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the CampNexxus Websites.

H. Equitable Relief You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause CampNexxus irreparable damage, for which the award of damages would not be adequate compensation. Consequently, CampNexxus may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, CampNexxus may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

I. No Publicity You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us.

J. Electronic Contracting Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY CAMPNEXXUS WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

K. Miscellaneous Any waiver of any provision of this Agreement will be effective only if in writing and signed by CampNexxus. No failure by CampNexxus to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by CampNexxus preclude any other or future exercise of that right or any other right hereunder by CampNexxus. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.