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Web Site
License and Use Agreement
This Internet Web Site License and Use Agreement (the
"Agreement") is between you and Camper Club of America (CCoA),
Cincinnati, Ohio (the "Organization") with offices in
Cincinnati, OH, USA. Your use of the www.camperclubofamerica.com (the "Web Site") is
subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEB SITE. Use of the Web Site
signifies your unconditional agreement to the terms and
conditions of this Agreement. If you do not agree to these terms
and conditions of use, do not access or otherwise use this Web
Site.
(2) The "Organization" may gather, process and use information
and materials received from you (e.g., name, physical address,
e-mail address) or collected through your use of the Web Site
for any lawful reason or purpose.
(3) The "Organization" reserves the right, at its sole
discretion, from time to time to change, modify, add or remove
any portion of this Agreement, in whole or in part, at any time.
(4) The Web Site is protected by one or more copyrights pursuant
to U.S. copyright laws, international conventions and other
intellectual property laws. You will abide by any and all
copyright notices, trademark notices, ownership information or
restrictions contained in any Content on the Web Site. You may
download and make copies of the Content and other downloadable
items displayed on this Web Site, provided that you maintain all
copyright and other notices contained in such Content. Copying
or storing of any Content on the Web Site for reproduction,
redistribution or publication to third parties for commercial
purposes is expressly prohibited without prior written
permission from the "Organization". All rights to the
"Organization's" copyrighted materials not expressly granted
herein are reserved by the "Organization".
(5) The "Organization", at its sole discretion, may change,
suspend or discontinue any aspect of the Web Site at any time,
including the availability of any Web Site feature, database or
Content. "Organization" may also impose limits on certain
features and services or restrict your access to parts or all of
the Web Site without notice or liability.
(6) You represent, warrant and covenant that you shall not
upload, post or transmit to or distribute or otherwise publish
through the Web Site any materials which: (i) restrict or
inhibit any other user from using and enjoying the Web Site;
(ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent; (iii) constitute or encourage conduct that
would constitute a criminal offense, give rise to civil
liability or otherwise violate any law or governmental
regulation; (iv) violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity or any other
proprietary right; (v) contain a virus or other harmful or
destructive elements; (vi) contain any information, software or
other material of a commercial nature; (vii) contain advertising
of any kind; or (viii) constitute or contain false or misleading
indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the
"Organization", and all its officers, directors, agents,
employees, information providers, affiliates, licensors and
licensees from and against any and all liabilities, claims,
penalties, losses, damages, cost and expense (including court
costs and reasonable attorney's fees, interest expense and
amounts paid in compromise or settlement), suits or actions
arising out of or resulting from any breach by you of this
Agreement, including the foregoing representations, warranties
and covenants. You shall cooperate as fully as reasonably
required in the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the
other World Wide Web Internet sites and resources operated and
controlled by parties other than the "Organization". Links to
and from the Web Site to such third party sites do not imply or
constitute an endorsement by the "Organization" of any third
party material or contents.
(9) The "Organization" does not represent or endorse the
accuracy or reliability of any advice, opinion, statement or
other information displayed or distributed through the Web Site.
You acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole
risk. The "Organization" reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of
the Web Site.
(10) The "Organization" reserves the right at all times to
disclose any information as necessary to satisfy any law,
regulation or government request, or to edit, refuse to post or
to remove any information or materials, in whole or in part,
that in the "Organization's" sole discretion are objectionable
or in violation of this Agreement.
(11) THE "Organization" WEB SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON
OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS"
BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY
MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR
THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND
FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB
SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR
ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT
DEFECTS WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR
THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION
OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS
AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE
THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the WEB Site may be based
upon the "Organization's" current expectations, estimates and/or
projections about the "Organization's" activities. These
statements about the "Organization" are forward-looking
statements which are not guarantees of future performance and
involve certain risks, uncertainties and assumptions that are
difficult to predict. Therefore, actual outcomes and results may
differ from what is expressed or forecasted.
(13) By posting messages, uploading files, inputting data or
engaging in any other form of communication (individually or
collectively "Communications") to the Web Site, you hereby grant
to the "Organization" a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise fully
exploit such Communications, in all media now known or hereafter
developed. You hereby waive all rights to any claim against the
"Organization" for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral
rights and rights of attribution in connection with such
Communications.
(14) You acknowledge that Communications involving the Web Site
are not confidential and that Communications may be read or
intercepted by others. You acknowledge that by submitting
Communications to the "Organization", no confidential,
fiduciary, contractually implied or other relationship is
created between you and the "Organization" other than pursuant
to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, U.S.A., WITHOUT
REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND
CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION
OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL
BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF
OHIO, U.S.A.
(16) The "Organization" has a standing policy that does not
allow it to accept or consider creative ideas, suggestions or
materials other than those which have been specifically
requested or otherwise affirmatively solicited by the
"Organization" in writing. It is the intent of this policy to
avoid possible misunderstandings as to the ownership of creative
ideas, concepts, suggestions or materials. If you send any
creative materials, suggestions, ideas, notes, drawings,
concepts or other information (collectively known as the
"Information") to the "Organization" in printed form, electronic
means or otherwise, the Information shall be deemed to be the
property of the "Organization" and shall not be subject to any
obligations of confidence, non-disclosure or non-usage. The
"Organization" is hereby entitled to unrestricted usage of the
Information on a worldwide basis without compensation to the
provider of the Information.
(17) This Agreement constitutes the entire agreement between the
"Organization" and you with respect to your use of and access to
the Web Site. This Agreement supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between you and the "Organization"
with respect to the Web Site. Use of the Web Site is
unauthorized in any jurisdiction that does not give effect to
all of the terms and conditions of this Agreement. Any cause of
action you may have with respect to your use of and access to
the Web Site must be commenced within one (1) year after the
claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of this Agreement, or
portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give legal
effect to the intent of the Agreement, and the remainder of this
Agreement shall continue in full force and effect. A printed
version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the Web
Site to the same extent and subject to the same conditions as
other business documents and records generated and maintained in
printed form by the "Organization". The failure of the
"Organization" to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor bar the
"Organization's" right to enforce the provision.
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