Terms of Use
Camp Agape Website Terms of Use
Effective date: January 20, 2023
I. Introduction
A. These terms and conditions (“Terms of Use” or “Terms”) are a legal contract between you and Camp Agape, a non-profit corporation (“Camp Agape,” “we,” “our,” or “us”) for the access to and use of this website www.campagapetexas.org, which includes text, media, pictures and other content and associated services (collectively, the “Service”). Your use of the Service, including all features contained herein, is subject to these Terms of Use and the privacy policy located at campagapetexas.org/privacy-policy/ (“Privacy Policy”).
B. These Terms of Use may be updated from time to time. It is your sole responsibility to read and check these Terms of Use prior to your use of the Service. We may terminate your access to the Service at any time, including upon your violation of these Terms of Use.
C. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE, AND PLEASE EXIT THE SERVICE NOW.
II. Authorized Users; Maintenance and Access
A. The Service is intended only for use by authorized users who agree to these Terms. Further, the Service contains certain features and options that may present an opportunity for you to provide to us, or for us otherwise to obtain from you, confidential and non-public information. You are solely responsible for ensuring that any usernames and passwords created or issued in connection with the Service are known and used only by you. You will notify us promptly if you have reason to believe that your password or username has been lost, stolen, or compromised. Upon receipt of such notice, we may suspend your access to the Service until the issue is resolved.
B. You should not rely on the Service as your exclusive method of booking with us. For example, there may be technical issues that affect the provision of the Service, variances as to how we post our Programs, or complicated bookings that require assistance from a coordinator. ALL SALES ARE FINAL. PLEASE CHECK YOUR ORDER CAREFULLY. THERE ARE NO REFUNDS, CANCELLATIONS OR EXCHANGES.
C. We reserve the right to perform routine system updates and maintenance on the Service at any time, with or without notice to you. We reserve the right to terminate, suspend, or modify your access to the Service at any time, in whole or in part, in our sole discretion.
D. By accessing or otherwise using the Service: (i) you represent and warrant that you are legally entitled to enter into these Terms; (ii) you represent and warrant that you are at least 18 years old; (iii) you shall provide accurate, true, and current information as prompted during the account registration process and shall keep it current at all times; (iv) you shall not allow any other person or entity to access or use your account; (v) you shall comply with all state and local laws of each location in which you access or use the Service; (vi) you shall not share your password or any other login credentials with any other person or publicly disclose it; (vii) you acknowledge that, by accessing or using the Service, certain mobile carrier charges may apply, including SMS messaging charges and data charges; (viii) you shall not transmit worms, viruses or any code of a destructive nature to Camp Agape, other users, or the Service; (ix) you shall have no right to access data or content of other users of the Service; and (x) you shall not impersonate or pass yourself off as someone else, including as other Camp Agape users or employees, at any time or for any reason.
III. Parental Statement. We are offering the programs available through the Service (each a “Program”). Although Camp Agape hopes that no camper is ever injured or hurt, injuries are a possibility of participation in a Program. The risk of injuries is a risk that you, on behalf of yourself and your camper, voluntarily agree to assume in exchange for the privilege of registering for and participating in a Program. Camp Agape is not responsible under any circumstances for any injuries to campers. Accordingly, you voluntarily release, discharge, and waive the right to sue the Releasees (as defined below) for any and all losses, demands, claims, suits, causes of action, liability, costs, expenses, and judgments whether arising in equity, at common law, or by statute, under the law of contracts, torts, or property, for personal injury (including without limitation emotional distress), arising in favor of you, a camper, or anyone claiming through us based upon, in connection with, relating to or arising out of, directly or indirectly, a camper’s participation in a Program (collectively, “Claims”) EVEN IF ANY SUCH CLAIMS ARE DUE TO THE RELEASEES’ NEGLIGENCE, STRICT LIABILITY WITHOUT REGARD TO FAULT, VIOLATION OF STATUTE OR OTHER FAULT, INCLUDING ANY NEGLIGENT ACT, OMISSION, OR INTENTIONAL ACT INTENDED TO PROMOTE A CAMPER’S SAFETY OR WELL-BEING. You, on behalf of yourself and your camper, hereby give permission to the Releasees to obtain emergency medical treatment for a camper if any Releasee deems in its sole discretion that such emergency medical treatment is necessary. You, on behalf of yourself and your camper, acknowledge and agree that any photos, videos, pictorial images, voice recordings, or quotations including those of taken of your camper or created by any Releasee (including without limitation any taken by any photographer or videographer paid by or volunteering for any Releasee) during or relating to a Program are the sole property of Camp Agape and may be used in future publications, webpages, promotions, advertisements and exhibits of Camp Agape (or any other person authorized to use such images by Camp Agape) without the need of any additional permission from or consideration to the you or your camper. You release and waive for yourself, your camper, and anyone claiming through Camp Agape, any Claim based on the right of privacy, right of publicity, moral rights, or any other intellectual property rights related to the rights granted by you to Camp Agape.
IV. Donations. When users of the Service access Camp Agape’s “Donate Now,” camp or class registration, or course material purchase pages and subdomains, Camp Agape may use certain third-party payment processors (“Payment Processors”) to process personal financial information such as name, phone number, address, zip code, and credit card or bank account information for the purposes of allowing donors to make a donation to Camp Agape or Camp Agape’s various fundraising efforts, to allow users to register for camps, or to allow users to purchase course materials (collectively, the “Payment Transactions”). This information is provided directly to such Payment Processors by users, and Camp Agape does not store this information on its servers or computer systems (with the exception of individual donors who consent to disclosure of the amount of a donation or the name of the donor party). Such information is used solely for the purpose of allowing users to make Payment Transactions. Except as expressly stated in these Terms or on the Service, Camp Agape has no obligation to provide refunds or credits of Payment Transactions, but may grant them, in each case in Camp Agape’s sole discretion. As a user that initiates any Payment Transactions, you agree that you shall: (i) as a condition to initiating any Payment Transactions, provide a valid credit card or other authorized payment method; and (ii) pay for any Payment Transactions that you initiate. You expressly authorize Camp Agape and its Payment Processors to charge the payment method you provide for any Payment Transactions you initiate. Your selection of the “Confirm” button upon initiating any Payment Transactions is your electronic signature and you agree that (a) this signature is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.
V. Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Service. This type of information is collected to make the Service more useful to you and to tailor your experience to meet your special interests.
VI. Prohibited Uses of the Service
A. You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation. You further agree not to attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise compromise in any way any parts of the Service or any server, computer, user, or database related to or connected with the Service.
B. When retrieving information from the Service, you are prohibited from (i) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (ii) aggregating, copying or duplicating any of the materials or information available from the Service except as authorized Camp Agape, (iii) accessing data not intended for you, or (iv) accessing the Service for the purpose of benchmarking the Service or competing with Camp Agape.
VII. Shared Information and Content. We respect your privacy and the confidential nature of some of the information that may be provided by you or otherwise obtained by us in connection with your use of the Service. By providing personal information through the Service, you agree to the Privacy Policy, which may be amended by Camp Agape from time to time. The Privacy Policy and any posted terms or guidelines or legal disclaimers on the Service are hereby incorporated by reference into these Terms. You agree that, except as provided under the Privacy Policy, Camp Agape has unlimited rights to any information other than personal information that you provide to Camp Agape and that Camp Agape may use such information in any way Camp Agape chooses. The Terms subsequently address how Camp Agape can deal with information that you provide which is not personal information.
VIII. Intellectual Property Rights. All content and functionality on the Service, including text, graphics, logos, icons, images, diagrams, animations, audio, materials, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, software, applications or other technology, or programs underlying or embedded in the foregoing, along with any enhancements to or derivative works of (collectively, the “Content”) are owned by Camp Agape, affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these terms, Camp Agape grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Service and, if applicable, any Content you purchase solely for your own personal, non-commercial use. Sharing, selling or attempting to transfer your license is prohibited. You must not (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the material on the Service, Content or in any programs or services; (ii) resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Service, Content, or any programs or services; (iii) create or attempt to create a substitute or similar service or product through the use of or access to the Service, Content, or any proprietary information; (iv) delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service, Content, or any programs or services; or (v) decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Service, Content, or any programs or services. No other license or right is granted. All other rights are reserved. Subject to your compliance with these Terms of Use, you are authorized to view, store, print, reproduce, copy, and distribute any pages and certain Content (as identified and permitted by Camp Agape) within the Service for personal use or commercial use within your organization only. You may print off pages of the Service and Content strictly for purposes of your use of the Service; however if you do so, you agree that you do not acquire any ownership rights in any of that material. This right is non-transferable and non-sublicensable. In consideration of this authorization, you agree that any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents.
IX. Disclaimers
A. Camp Agape provides information through the Service. While Camp Agape has undertaken efforts to provide accurate information, it is not comprehensive and Camp Agape makes no commitment to update the information at any particular time, and the information on the Service may be out of date. Information on the Service may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in the Service are solely your responsibility.
B. Camp Agape disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. This does not affect any warranties that cannot be excluded or limited under applicable law. We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or items obtained through the Service or to your downloading of any material posted on it, or on any website linked to it.
C. Your use of the Service, its content and any items obtained through the Service is at your own risk. The Service, its content, information and any items obtained through the Service are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We make no warranty or representation of any kind with respect to the completeness, security, reliability, quality, accuracy, functionality, features or availability of the Service. Without limiting the foregoing, neither Camp Agape nor anyone associated with Camp Agape represents or warrants that the Service, its content, or any items obtained through the Service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Service or the server that makes it available are free of viruses or other harmful components, or that the Service or any items obtained through the Service will otherwise meet your needs or expectations.
D. Camp Agape does not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party through the Service, or any hyperlinked website or service, and Camp Agape will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products or services.
X. Waiver, Release, and Assumption of Risk. BEING FULLY AWARE OF ALL SUCH RISKS, IN CONSIDERATION OF BEING PERMITTED TO USE THE SERVICE, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, KNOWINGLY ASSUME THE RISK OF SUCH USE AND DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS, OBLIGATIONS, DEMANDS, CAUSES OF ACTION OR LIABILITY OF ANY KIND WHATSOEVER, WHETHER KNOWN OR UNKNOWN, IN LAW, EQUITY OR OTHERWISE IN TORT, CONTRACT OR OTHERWISE, AGAINST CAMP AGAPE AND EACH OF ITS AFFILIATES, PREDECESSORS, SUCCESSORS, OFFICERS, DIRECTORS, OFFICIALS, AGENTS, MEMBERS, VOLUNTEERS, EMPLOYEES AND/OR OTHER USERS (COLLECTIVELY, THE “RELEASEES”) UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, ANY INFORMATION OBTAINED, ENTERED, OR ACCESSED THROUGH THE SERVICE, INCLUDING ALL CLAIMS WITH RESPECT TO (I) GROSS NEGLIGENCE, NEGLIGENCE OR NEGLIGENCE PER SE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY RELEASEE, STRICT LIABILITY OR PREMISES LIABILITY; (II) PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE; (III) ACTS OF OTHER USERS; AND (IV) ANY OTHER RISKS OR HAZARDS ASSOCIATED WITH YOUR USE OF THE CONTENT (COLLECTIVELY, THE “RELEASED CLAIMS”). WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NO RELEASEE WILL BE LIABLE TO YOU OR ANY CHILDREN IN OUR CARE FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, FAILURE TO COMPLY WITH ANY GOVERNMENT REGULATION OR REQUIREMENT, OR ANY OTHER CLAIM ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.
XI. Indemnification. YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), OBLIGATIONS, LIENS, LIABILITIES, ACTIONS AND CAUSES OF ACTION, THREATENED OR ACTUAL, THAT ANY ONE OF THE RELEASEES MAY SUFFER OR INCUR ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS OR USE OF THE SERVICE; (II) YOUR BREACH OF THESE TERMS OF USE; (III) YOUR SUBMISSION OR TRANSMISSION OF ANY CONTENT TO OR THROUGH THE SERVICE; (IV) YOUR OR OUR ACCESS OR USE OF ANY CONTENT; (V) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS OR RIGHTS TO PRIVACY); OR (VI) LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND, INCLUDING ATTORNEYS’ FEES, IN ANY WAY CONNECTED WITH OR ARISING OUT OF A RELEASED CLAIM. THE FOREGOING INDEMNIFICATION SHALL SURVIVE ANY TERMINATION OR THE EXPIRATION OF THE TERM OF THIS AGREEMENT.
XII. Miscellaneous.
A. Entire Agreement. These Terms of Use and the Privacy Policy contain the entire agreement between Camp Agape and you concerning your access and use of the Service, and these Terms of Use supersede and replace any prior agreements between Camp Agape and you regarding use of the Service and any Programs. These Terms of Use may not be modified or superseded by Camp Agape’s acceptance of any offer from you or any other person.
B. Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver by Camp Agape of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. By continuing to access or use the Service or Programs after those revisions become effective, you agree to be bound by the revised terms.
C. Waiver. If we waive enforcement of any provision in these Terms, we are not obligated to continue to waive it.
D. No Third-Party Beneficiaries. No other person or company will be third-party beneficiaries to these Terms.
E. Governing Law. This Agreement shall in all respects be interpreted, enforced and governed under the laws of the State of Texas in the United States, without regard to any rules of conflict of laws.
F. Arbitration. If there is any dispute, claim, question or disagreement concerning or relating to these Terms of Use or the Service (a “Dispute”), you shall notify Camp Agape in writing to attempt to resolve such Dispute in good faith negotiations. For a period of 30 days following such notification, you and Camp Agape shall each use best efforts to settle any such Dispute in these good faith negotiations, which shall be a condition precedent to either party initiating arbitration. You agree that any Dispute must be filed within one year after such Dispute first arises or it is forever barred. All Disputes, regardless of the grounds upon which such Dispute is brought, shall be settled by binding arbitration conducted by a single, independent arbitrator and administered by the American Arbitration Association Commercial Arbitration Rules and procedures then in effect, but excluding any rules or procedures governing or permitting class actions. By agreeing to arbitrate all Disputes, each party waives all rights to a trial by jury in any action or proceeding involving any Disputes. The arbitration shall take place in Travis County, Texas. You agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and you waive any argument that such forum does not have personal jurisdiction, is not appropriate or is inconvenient. You further agree that all Disputes and causes of action arising out of or in connection with the Service shall be resolved individually without resort to any form of class action and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Dispute of any other party – the arbitrator shall have no authority to arbitrate any Dispute as a class action or in any other form other than on an individual basis. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
G. Assignment. We may assign our rights or delegate our obligations under these Terms of Use at any time. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, which we may grant or refuse in our sole discretion.
