Terms of Service
1. SCOPE OF SERVICES, ACCEPTANCE OF TERMS, AND MODIFICATIONS.
Campendium provides materials, software, audio and/or visual works, text, maps, guides, information, features, tools, offers, promotions, discounts, and other benefits and services (collectively, “Campendium Content”) to users through our Web Services and other platforms, channels, and forms of online distribution. “Web Services” means the websites, mobile applications, and other software applications developed and or distributed by Campendium, including the Campendium website and mobile application, and third-party branded (or “white labeled”) applications. The Campendium Content, Web Services, and any other platforms, channels, forms of distribution, products, features, tools, materials, and services provided by Campendium are collectively referred to as the “Services” in these Terms.
We may change these Terms in our discretion at any time. Notification of changes to these Terms will be given by publishing a revised version of these Terms on the applicable service to which these Terms are maintained. Your continued use of the Services after any modification(s) will be deemed your acceptance of the Terms as modified. If you do not agree to these Terms as modified, do not use the Services and immediately and delete any Web Services from your devices.
- Age Limitations. The Services are not intended to be used by anyone under the age of 18. If you are under the age of 18 please stop using the Services immediately.
- Campsite Booking Services. The Services provide, among other things, an online marketplace that enables campsite hosts (“Hosts”) to publish and offer their campsites for rental to overnight RV guests, renters, or other users of the Services (“Guests”). As the provider of the Services, Campendium does not own, control, offer, or manage any campsite listed on the Services. Further, Campendium is not a party to any contracts or transactions entered into between Hosts and Guests, nor is Campendium a real estate broker, travel agency, or insurer. Accordingly, any part of an actual or potential contract or transaction between a Host and a Guest, including, without limitation, the availability, quality, condition, safety, or legality of the campsites advertised, or the truth or accuracy of any campsite listings (including the content thereof or any review relating thereto) are solely the responsibility of each Host. Users are solely responsible for their use of the Services and any transaction entered into in connection with listing or renting a campsite.
- Third Party Integration. The Services may integrate with, or contain links to other platforms, applications, websites or services, including those operated by our third-party business partners (each, an “Integrated Service”). Integrated Services may be subject to additional terms that may be presented in connection with their use, and by using an Integrated Service, you agree to the applicable terms and conditions.
2. YOUR ACCESS AND USE OF THE SERVICES.
- Account Details. You must keep your Account details (including your password) secure and must not share them with anyone else. We are not liable for any loss or damage arising from your failure to comply with these requirements. We will never contact you directly via phone, mail, or email for your password. You further agree and warrant that all information you provide to us through your Account, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You agree to maintain the accuracy of your Account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
- Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your internet provider or mobile carrier or Third-Party Service provider(s), as applicable) in connection with your use of the Services.
- Limitations on Services. Not all features of the Services are available in all markets or at all times.
- Changes to Services; Updates. We may, in our sole discretion, for any reason or no reason, with or without notice, change, modify, restrict, limit, discontinue, cancel, or terminate any feature or element of the Services, including, for example, connection to any Integrated Service. Changes may be made, for example, to develop and provide software updates, which may include upgrades, fix defects, improve security, and/or to add, modify, or remove features (collectively, including related documentation, “Updates" You agree to allow us to remotely make software and firmware Updates in accordance with your device settings. To the extent we are unable to automatically provide Updates, you agree to promptly download and install all Updates and acknowledge and agree that certain features or functionality or portions thereof may not properly operate should you fail to do so. All Updates are subject to these Terms.
3. HOST TERMS.
As a Host, you have the ability to use the Services to earn an income by listing your campsite (“Campsite”) on the Services and inviting Guests to book your Campsite and share in the joy of camping. In addition to the other terms and conditions of these Terms that are generally applicable to all users of the Services, the terms and conditions of this Section 3 will apply to you as a Host.
- Creating, Publishing, and Managing Your Listing. The Services provide tools that enable you to create, publish, and manage your Campsite listing (each, a “Listing”). Your Listing must include complete and accurate information about your Campsite, its location and amenities, the rental price, any other charges or fees, and any rules or requirements that apply to your Guests or Listing. Information may be provided to us directly by you or through a Third-Party Booking Tool (as defined below). Once you create your Listing, we will review and verify your Listing in accordance with our internal review process prior to your Listing being published on the Services. As part of this process, we may ask you to correct certain information or provide (whether directly or through a Third-Party Booking Tool) additional information regarding your Listing, and we reserve the right to reject your Listing for publication on the Services if we determine in our sole discretion that your Listing does not pass our review process or otherwise meet our Host Standards.
- Third-Party Booking Tools. If you use a third-party booking tool, application, service, or platform (“Third-Party Booking Tool”) to manage the rental of your Campsite, we may from time to time permit you to upload, submit, or provide us with information, data, and content regarding your Campsite through such Third-Party Booking Tool. By electing to use a Third-Party Booking Tool to upload, submit, or provide us with any information, data, and content regarding your Campsite, you expressly authorize Campendium to, directly or indirectly, pull and import such information, data, and content from that Third-Party Booking Tool for use, reproduction, and display within the Services in connection with your corresponding Listing, and you represent and warrant to us that you have all rights necessary to grant such authorization. Notwithstanding the use of any such Third-Party Booking Tool, you shall remain solely responsible and liable for ensuring the completeness, accuracy, availability, and quality of any such information, data, and content pulled or imported from such Third-Party Booking Tool.
- Host Verification. If you are a new Host and are listing a Campsite on the Services for the first time, you will be required to create a Host profile and provide (whether directly or through a Third-Party Booking Tool) certain information about yourself, including your name, email address, phone number, profile photo, insurance information, Campsite ownership information, and any other relevant information that we may request or require from time to time. Such information may be provided directly to our third-party ID verification service provider(s) (such as, but not limited to, Persona) and may be subsequently shared with and used by us for purposes of verifying your identity and Campsite ownership and/or eligibility. Notwithstanding any verification of insurance that we or our service provider(s) may conduct, you are solely responsible for obtaining insurance coverage sufficient to protect your properties and Guests and their trip, as applicable, and you agree to obtain and maintain the appropriate insurance coverage sufficient to cover the rental of the Campsites you list on the Services throughout the duration of each Guest’s stay. Please refer to the “Host Insurance” section below for further details.
- Contracting with Guests. When you accept a booking request from a Guest, or otherwise receive a booking confirmation through the Services, you are entering into a transaction directly with the Guest, and are responsible for providing the Campsite and any associated services under the terms and at the price specified in your Listing. You may, at your sole option, require your Guests to sign or enter into a supplemental rental agreement in connection with their booking, provided that any such agreement must: (i) be consistent with these Terms, the information provided in your Listing (including, but not limited to, the Listing’s cancellation policy and all information pertaining to the Campsite’s location, amenities, rental price, other charges or fees, and applicable rules and requirements), and any additional terms that we may apply to Hosts or the use of the Services from time to time; and (ii) be prominently disclosed in your Listing description. For clarity, you expressly understand and agree that any supplemental rental agreement is solely between you and the Guest, and that we are not a party to, and will not be responsible for enforcing, any supplemental rental agreement that you may have or enter into with any Guest.
- Host Responsibilities. As a Host, you agree to comply with the Host Standards. You are responsible and liable for your own acts and omissions as well as the acts and omissions of anyone you allow to participate in providing or maintaining your Campsite. You are responsible for setting your own price and establishing rules and requirements for your Campsite and Listing. You must accurately and completely describe any and all fees and charges in your Listing description. Any failure to comply with the Host Standards or these Terms may result in immediate suspension or removal of your Host profile and/or any or all of your Listings.
- Fees; Payment; Taxes. By accepting a booking request from a Guest, you agree to pay us a listing fee (the “Listing Fee”), a processing fee (the “Processing Fee”), and any applicable taxes (if any) for each booking. Unless waived, the Listing Fee will be a portion of the total rental fee charged for the Guest’s booking. The Processing Fee will be equal to half of the payment processing fee charged by our Payment Processor (as defined below) for the Guest’s booking. Both the Listing Fee and the Processing Fee will be deducted from the rental payments owed to you (if any). The applicable Listing Fee and Processing Fee will be notified to you when your Listing is created, and thereafter whenever we (or our Payment Processor, as applicable) make any changes. In addition, we reserve the right to charge or pass through to you any other administrative or processing fees notified to you in advance. Rental payments for each booking (less the Listing Fee, the Processing Fee, and any other administrative or processing fees, if any) will be paid to you at or following completion of the Guest’s stay. We will deduct any amounts you owe to us from your payment unless we and you agree to a different method. As a Host, you are solely responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”). In certain jurisdictions, applicable law may require that we collect and/or report tax information about you, or withhold Taxes from payments to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payments to you, we may withhold payments up to the amount as required by law, until sufficient documentation is provided. You agree that we may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your bookings to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
- Cancellations and Modifications. In general, if a Guest cancels a booking, the amount paid to you (if any) will be determined by the specific cancellation policy that applies to that booking. If a Host cancels a booking, the full amount paid by the Guest will be refunded to the Guest. As a Host, you should not cancel on a Guest without the existence of an “Extenuating Circumstance” as set forth in our Cancellation Policy.
- Termination of Hosts/Listings. Without limiting our other termination rights set forth in these Terms, if, in our sole discretion, any Host submits, directly or via Third-Party Booking Tools, unsuitable Content to the Services, is not abiding by local rental regulations or is creating a nuisance in its community, misuses the Services, or is in violation of these Terms, the Host Standards, or applicable law, we reserve the right to limit the Host’s use of the Services, impact the Host’s Listing(s) search position, and/or terminate the Host’s profile and/or remove any or all of the Host’s Listings immediately without notice to the Host and without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any Guest or other third party regarding a Host’s Listing or rental practices that, in our sole discretion, warrants the removal of such Host’s Listing from the Services (for example, and without limitation, if a Host double-books a Campsite for multiple Guests on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair, or improper within the campsite rental industry or in an online marketplace for campsite rentals), then we may immediately terminate the Host’s profile and/or remove any or all of the Host’s Listings without notice to the Host and without refund. If any complaint or other issue arises with any Guest, you should immediately contact the Guest and attempt to amicably resolve the complaint or issue in a reasonable fashion. Any complaint or issue that cannot be so resolved may be referred to us for further assistance and/or handling via our dispute resolution process. In addition, we reserve the right, but not the obligation, to investigate any complaints, and you agree to fully cooperate with us and provide any information or assistance we may request in connection with any such investigation.
- Hosting as a Team or Organization. If you host as part of a team, business, or other organization, the entity and each individual who participates in providing the Campsite is responsible and liable as a Host under these Terms. You represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct us to transfer a portion of your payment to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any account payment information you provide.
- Appearance in Search Results. We cannot guarantee that your Listing will appear in any specific order or prominence in search results on the Services. Search order will fluctuate based on a variety of factors such as search parameters, relevance, subscription level purchased, listing quality, how frequently a calendar is updated, Guest preferences, reservation history, and other factors that we may deem important to the Guest experience from time to time (“Best Match”). Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular Guest. We reserve the right to apply and/or use various search algorithms and methods to optimize Best Match results for particular Guests’ experiences and the overall marketplace, and to feature or promote certain Listings in our discretion.
- Additional Host Warranties. As a Host, you additionally represent and warrant that: (i) you own and/or have all necessary rights and authority to offer for rent and to rent the Campsite listed in your Listing; (ii) you will not wrongfully withhold return of any rental deposit in breach of these Terms or any standard practices within the campsite rental industry; (iii) you will accurately describe the subject Campsite, will not fail to disclose a material defect in, or material information about, a Campsite and will upon request, or otherwise from time to time, review your Listing information and content (including location and geographic description) to ensure it is accurate and not misleading; (iv) you will not wrongfully deny access to the listed Campsite; (v) you will not fail to provide a refund when due in accordance with the Cancellation Policy or these Terms; and (vi) you and your Campsite will at all times be in full compliance with all applicable laws, rules, regulations, ordinances, and other legal requirements, including, without limitation, those pertaining to campsite health and safety.
- Host Insurance. As a Host, you agree to carry and maintain Commercial General Liability (“CGL”) insurance coverage, including coverage for bodily injury, property damage, personal injury, and contractual liability, with commercially reasonable limits sufficient to cover your obligations under these Terms. You agree to add Campendium and its affiliates as additional insureds under the CGL insurance policy. You will satisfy any and all applicable deductibles and retentions associated with your insurance policies. For any claims arising in connection with your use of the Services, your Listing, and/or any Guest’s rental or stay at your Campsite, you understand and agree that your CGL insurance coverage will be primary as respects Campendium and its affiliates, directors, officers, and employees. Any insurance or self-insurance maintained by Campendium, its affiliates, directors, officers, or employees will be excess of your insurance and will not contribute with it. Neither you nor your Campsite will be covered by any insurance or self-insurance maintained by Campendium, its affiliates, directors, officers, or employees. If you fail to maintain adequate insurance coverage, you agree that you will be solely responsible for all losses and damages that are incurred in connection with any incident relating to your Listings or properties, and you further agree to indemnify us against any and all such losses and damages.
- Compliance with Legal Obligations. You are solely responsible for understanding and complying with any laws, rules, regulations, ordinances, and contracts with third parties that apply to your Campsite or Listing, including but not limited to any and all laws, rules, ordinances, regulations, or other requirements relating to permits or license requirements, zoning ordinances, health and safety compliance, taxes, credit cards, data and privacy, and anti-discrimination and fair housing, as applicable. For example: some communities or homeowner associations have rules that restrict or prohibit short-term rentals and/or longer-term stays; some jurisdictions require Hosts to register, get a permit, or obtain a license before providing short-term rentals or longer-term stays; some communities or jurisdictions require that you register Guests who stay at your Campsite; and in some places, the Campsites, rentals, and associated services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Campsites, rentals, and associated services you plan to offer. Any information that we may provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. Without limiting any of the foregoing, you are solely responsible for handling and using personal information of Guests and others in compliance with all applicable data protection and privacy laws and these Terms. If you have questions about how local laws apply you should always seek the advice of legal counsel.
- Use of Guest Information. As between you and Campendium, any Guest information submitted to us by any Guest, whether directly or indirectly, shall be the property of Campendium. We will share Guest information with you solely for purposes of enabling you to fulfill your obligations as a Host under these Terms, and you expressly agree to not use or disclose any Guest information for any other purpose.
- Independence of Hosts. Except as otherwise expressly provided in these Terms, your relationship with us is that of an independent individual or entity and not as our employee, agent, joint venturer, or partner. We do not direct or control your Campsite, Listing, or associated services, and you agree that, as between Campendium and you, you have complete discretion whether and when to provide your Campsite and associated services, and at what price and on what terms to offer them.
- Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk and liability arising out of your access to and use of the Services, offering or providing your Campsites, rentals, or associated services, and any interaction you have with any Guests, whether in person or online. You agree that you have had the opportunity to investigate the Services and any laws, rules, regulations, or obligations that may be applicable to your Listings and that you are not relying upon any representation or statement made by us.
4. GUEST TERMS.
As a Guest, you have the ability to use the Services to search for and book Campsites listed by Hosts. In addition to the other terms and conditions of these Terms that are generally applicable to all users of the Services, the terms and conditions of this Section 4 will apply to you as a Guest.
- Searching.You can search for Listings by using criteria like the type of Campsite, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.
- Booking; Payment. You understand and agree that submitting a booking request for a Listing is an offer to book and is not confirmed until accepted by the Host. By booking a Listing, you agree to pay all charges for your booking, including the Listing price, our service fee (the “Service Fee”), any applicable taxes, and any other fees or amounts identified during checkout. Unless waived, the Service Fee is non-cancellable and non-refundable, except when the Host cancels your booking or in certain other situations as determined in our sole discretion. The Service Fee may appear as a separate charge on your credit card or other account statement. When you receive the booking confirmation from the Host, you are entering into a transaction directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the booking, including without limitation, the Cancellation Policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the booking. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. In addition, a Host may, at their sole option, require you to sign or enter into a supplemental rental agreement in connection with your booking. For clarity, you expressly understand and agree that any supplemental rental agreement is solely between you and the Host, and that we are not a party to, and will not be responsible for enforcing, any supplemental rental agreement that you may have or enter into with any Host. Be aware that some Hosts work with a co-host or as part of a team, business, or other organization to provide their Campsite and associate services.
- Guest Verification. If you are a new Guest and are booking a Campsite on the Services for the first time, you will be required to create a Guest profile and provide certain information about yourself, including your name, email address, phone number, profile photo, and any other relevant information that we may request or require from time to time. Such information may be provided directly to our third-party ID verification service provider(s) (such as, but not limited to, Persona) and may be subsequently shared with and used by us and/or any Host to whom you submit a booking request for purposes of verifying your identity.
- Guest Responsibilities. As a Guest, you agree to comply with the Guest Standards.
- Reservations. Each booking reservation is a limited license to enter, occupy, and use the Campsite for the duration of the booking. The Host retains the right to visit or enter the Campsite during your stay, to the extent it is: (i) reasonably necessary, (ii) permitted by your contract with the Host, and/or (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed guests specified in the Listing.
- Cancellations and Modifications. In general, if as a Guest you cancel a booking, you will not receive any refund of the Service Fee paid for such booking, and the amount of the rental fee refunded to you (if any) will be determined by the specific cancellation policy that applies to that Listing. But, in certain situations, other policies take precedence and determine what amount (if any) is refunded to you. If you cancel a booking due to the existence of an “Extenuating Circumstance” as set forth in our Cancellation Policy,
- Assumption of Risk. You acknowledge that rentals and camping activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Services, your stay at any Campsite, and any transactions you enter into, and any interaction you have with Hosts or other Guests, whether in person or online. It is your responsibility to investigate a Listing to determine whether it is suitable for you. Staying at Campsites may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to stay at those Campsites.
5. INTELLECTUAL PROPERTY RIGHTS
Campendium owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks, copyrights, patents, database rights, trade secrets and other intellectual property (collectively, “Intellectual Property”) rights related thereto. The Services contain the copyrighted material, trademarks, and other proprietary information of Campendium and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way, in whole or in part, any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Service, without first obtaining the prior written consent of Campendium or, if such property is not owned by Campendium, the owner of such Intellectual Property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other Intellectual Property notices.
The Services and (including all Web Services and Campendium Content displayed, provided or otherwise used in connection with the Services) and any Integrated Services are licensed, not sold, to you. You acknowledge you do not own any right or title to any of the Services or any Integrated Services (except as may be granted in any third-party license terms), and you do not acquire any other rights with respect to the Services or any Integrated Service unless expressly granted in accordance with these Terms. The Services, all Integrated Services, all systems, and all worldwide Intellectual Property rights therein are owned by Campendium, its licensors, or otherwise by their respective owners.
6. END USER LICENSE; PROHIBITED ACTIVITIES
Subject to these Terms, we grant to you a terminable, limited, non-exclusive, and non- transferrable right (without the right to sub-license) to download, install, and use the Services for your own personal, non-commercial use only on a device that you own or control. This license may be terminated in our sole discretion, for any reason or no reason, with or without notice.
Your conduct must adhere to the standards set out in our Community Guidelines. In addition, you may not either directly or indirectly, with respect to the Services: (a) make unauthorized copies or distribute or disclose any part of the Services in any medium; (b) modify, adapt, or otherwise create derivative works or improvements; (c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code; (d) remove, alter, or obscure any copyright, trademark, patent, or other Intellectual Property rights notices; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; (g) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (h) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers hosting the Services; (i) take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; upload invalid data, viruses, worms or other software agents through the Services; (j) collect or harvest any personally identifiable information, including account names, from the Services; (k) access the Services through any technology or means other than those provided or authorized by the Services; (l) stalk, harass, bully or harm another individual; (m) impersonate any person or entity or misrepresent your affiliation with a person or entity; (n) create fraudulent accounts to evade a suspension or ban from the Services; (o) interfere with or disrupt the Services; (p) unless otherwise authorized by us, use the Services for your personal, commercial purposes; or (q) hack, spam, scam, or phish us or other users.
The Services may contain or be used in connection with content or software subject to open source or free software licenses (“Open Source Software”). The Open Source Software is not subject to the terms and conditions of these Terms. Instead, Open Source Software is subject to the terms of the end user license which accompanies such software. Nothing in these Terms limits your rights under, or grants you rights which supersede, the terms and condition of any Open Source Software end user license which may apply.
7. USER CONTENT
The Services may enable you and other users to use or post text, data, photos, videos, graphics, tags, messages, reviews, ratings, location information, or other content—whether in the past, presently, or in the future—directly in the Services or through the Services (“Content”). By using or posting Content—whether in the past, presently, or in the future—in, or through the Services, you automatically grant us an irrevocable, perpetual, fully paid, worldwide, royalty- free, transferable (with the right to sublicense) license to publish, copy, transmit, reproduce, adapt, modify, translate, perform, transmit, sell, exploit, and otherwise use Content in connection with the Services in any form, medium, or technology now known or later developed. You represent and warrant that Content you post is your own original creation, you have all rights necessary to use or post Content as discussed herein, and such use or posting will not infringe upon, misappropriate, or otherwise violate the rights of any third parties. You irrevocably waive, and cause to be waived, against Campendium and its users any claims and assertions of moral rights or attribution with respect to Content. You understand and acknowledge that Content you post or send via direct messages is not encrypted and private, and such Content is subject to these Terms.
We may allow you or third parties to post Content for hosting and display through the Services. The Services are only acting as a repository of data. We make no guarantees as to the validity, accuracy or legal status of any user Content. We disclaim any and all liability for any Content posted, emailed, transmitted, or otherwise made available via the Services. The opinions expressed in postings or other Content on the Services may not represent our views or opinions or our third-party business partners, advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Services is provided “as is.” You should be aware that your use of, and reliance on, Content is at your own risk.
We are not required to host, display, or distribute any Content and we may refuse to accept or transmit Content, and may remove or delete Content from the Services at any time. We have no obligation to review, monitor, delete, or edit the Services, including user Content and direct messages; however, you acknowledge and agree that we have the right to do so at any time in our sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that we may access, preserve, and disclose any inappropriate conduct, your Account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property, or personal safety, our third-party business partners, affiliates, personnel, other users, and the public.
8. YOUR RESPONSIBILITIES
- Trip Planning, Mapping and Satellite Imagery. The Services may be used for general trip planning purposes. Unless otherwise expressly authorized by us, you acknowledge that no map data may be used to create paper maps. In addition, you acknowledge that satellite imagery, wireless service providers network coverage map data, and public lands map data is made available for viewing through the Services only and may not be downloaded or otherwise extracted for offline use in any capacity. Although Campendium strives to provide the most accurate maps and information possible, Campendium cannot guarantee that any use of the Services will result in any desired results for you. Campendium cannot guarantee that all locations are accurate on our maps. Map data, directions, and other features or content included in or accessible through the Services may be inaccurate or incomplete, and may depend on network availability. In some instances Campendium may use third-party data. Although third- party data is generally accurate, errors may occur.
- Safe Use of the Services. The Services may be used for general travel planning purposes, including plotting directions and printing instructions. You should not use the Services while operating a motor vehicle or recreational vehicle. Any usage or reliance on the information accessible through the Services by you shall be at your own risk and sole responsibility. Campendium assumes no liability for your use of information provided through the Services. You acknowledge and agree to rely on your own judgment and take into account real-world conditions when using the Services. You are responsible for your own conduct and must observe all applicable laws while using the Services. Predicted journey distances are all estimates. Campendium does not make any guarantees as to time of arrival, destinations, or locations found on the Services.
- Compliance with All Laws and Regulations. Users must comply with all local, state, or federal laws regarding your use of the Services. You agree to use the Services in compliance with all applicable laws, regulations, and ordinances. You agree that you will not abuse or do anything to damage our business operations, services, reputation, employees, or facilities. Campendium is not responsible for your violation of any laws while using the Services. The Services are void where prohibited.
- Identity Verification. While Campendium may attempt to verify the identity of Hosts or Guests, user verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of any user's purported identity. We encourage you to communicate directly with a Host or Guest through the tools available on the Web Services, and further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for Guests, of the Listing and relevant details of your booking or proposed booking. WE MAKE NO WARRANTY THAT WE WILL CONDUCT ANY BACKGROUND CHECKS OR OTHER IDENTITY VERIFICATION OF ANY HOSTS, GUESTS, OR OTHER USERS OF THE SERVICES, NOR DO WE WARRANT THAT ANY VERIFICATION, IDENTITY, OR BACKGROUND CHECKS CONDUCTED ON ANY LISTINGS, HOSTS, OR GUESTS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT.
- Reporting Misconduct. If you are a Host or a Guest and you rent to or rent from, as applicable, anyone who you feel is acting or has acted inappropriately, including, but not limited to, anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing or inappropriate conduct, you should immediately report such person to the appropriate authorities. You may also contact Campendium for guidance or assistance in handling the matter; provided, that you expressly acknowledge and agree that your reporting of the matter to us will not obligate us to take any action beyond that required by law (if any) or otherwise cause us to incur any liability to you or any other user.
9. PAID SUBSCRIPTIONS
- Premium Features. The Services may allow you to purchase one or more paid subscriptions (each a “Subscription”) to enable access to premium features, content, services, discounts, or other benefits (collectively, “Premium Features”). Subscriptions renew automatically until cancelled as provided below.
- Subscription Terms. Each Subscription requires a pre-paid contract commitment for a specific length of time specified at the time of purchase (the “Subscription Term”). Subscriptions are typically offered on an annual or monthly basis, but we may occasionally offer Subscriptions for different periods of time. Each Subscription Period begins on the date of purchase. Your access to the Premium Features included in your Subscription will begin at the start of the Subscription Period and will end on the last day of the Subscription Period unless your Subscription is renewed (except as otherwise provided in these Terms).
- Automatic Renewals. After your initial Subscription Period, your Subscription will automatically renew for additional Subscription Periods of the same length, allowing you to conveniently maintain access to the Premium Features. By purchasing a Subscription, you authorize us to automatically charge your Payment Method upon the end of the initial Subscription Period at the full Subscription price in effect at the time of renewal (plus applicable taxes), without any additional action by you. Promotions and discounts applied to the purchase of your initial Subscription or which may be advertised at the time of renewal are not applicable to automatic renewals. In order to stop auto renewal of your Subscription, you must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Period. If you submit your cancellation request less than 24 hours before the end of your current Subscription Period, your Subscription will automatically renew for the next Subscription Period and the cancellation will be effective at the end of that renewed Subscription Period.
- Lifetime Subscriptions. A “Lifetime Subscription” is a limited offer providing you access to the Premium Features available at the time of your purchase for as long as such Premium Features are available and supported. Your Subscription confirmation will indicate if you have a Lifetime Subscription. We may, in our discretion, stop issuing Lifetime Subscriptions at any time and/or limit participation or eligibility. A Lifetime Subscription may not be transferred to another person and is nonrefundable. We anticipate offering the Premium Features for a long time, but we are not obligated to do so. You understand and agree that a Lifetime Subscription does not guarantee the Premium Features will be available or supported for your lifetime or any other specific period of time. The Lifetime Subscription may not be transferred to another person and is nonrefundable.
- Promotional Offers. We may provide offers, codes, coupons, vouchers or other means (“Offers”) to be used to claim a free or discounted Subscription from time to time. All such Offers expire according to their terms. If no expiration date is provided, such Offers expire six (6) months after issuance. An Offer may not be combined with any other Offer or promotion. All Offers are subject to availability and may be withdrawn in our sole discretion. Not all Premium Features or other Services are available in all areas. We may limit offers to certain users or potential users. Offers will be void where prohibited by law.
- Payment Terms. By starting your Subscription, you agree to pay the Subscription fee and any applicable taxes. The Subscription fee must be paid in full and in advance of each Subscription Period must be paid in full and in advance. All sales are final. No refunds will be given.
You must provide a Payment Method acceptable to us and our Payment Processor. By providing a Payment Method, you authorize us to charge the Subscription fee your Payment Method prior to the start of each Subscription Period unless and until your Subscription is cancelled in accordance with the terms and conditions of these Terms. You represent and warrant that: (a) the Payment Method information you supply to our Payment Processor is true, correct and complete, (b) you are duly authorized to use such Payment Method for the purchase; (c) charges incurred by you will be honored by your Payment Method provider; and (d) you will pay charges incurred by you at the posted prices and all applicable taxes, if any.
If we cannot charge your Payment Method for any reason (such as expiration or insufficient funds), and you have not cancelled your Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the Payment Method as you may update your Payment Method information. This may change the start of your next Subscription Period and may change the date on which you are billed.
We will notify you of any increase in the Subscription fee price and, if required, seek your consent to continue. If we are not required to seek your consent, you will be deemed to have agreed to the increased Subscription fee price upon renewal of your Subscription or payment of the Subscription fee for the next Subscription Period. If you do not agree to a pricing change, you must cancel your Subscription in accordance with the terms and conditions of these Terms.
We reserve the right to cancel your Subscription and/or terminate your Account if we are unable to successfully charge your Payment Method with respect to an initial or renewal Subscription.
- How to Cancel Your Subscription. You may cancel your Subscription, change your Payment Method, and review your Account details at any time by logging on to your Account through the Services or changing your settings via the website where you purchased/downloaded the Services. If you cancel your Subscription, you will continue to have access to the Premium Features through the end of your current Subscription Period (subject to the other terms herein). No portion of your payment for the current Subscription Period will be refunded.
- Modification, Suspension, and Discontinuation. We regularly make changes to the Services and Premium Features. The Premium Features will change from time to time, and we reserve the right to replace, limit, remove, and change Premium Features. Certain Services and other Premium Features may also be limited or restricted by law or limitations or considerations from third parties. We are not obligated to offer all elements of the Services or Premium Features to all subscribers at all times, and elements may differ between subscribers. We anticipate continuing to offer the Premium Features, but we reserve the right to change, suspend, or discontinue (temporarily or permanently) some or all of the Services and Premium Features as to some or all users, at any time and with or without notice. You understand and agree that we will not be liable to you for any modification, suspension, or discontinuation of the Services or Premium Features.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Services, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider such as a financial institution, credit card issuer, or other payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
11. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
INFORMATION ACCESSIBLE THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO REMINDERS, POINTS OF INTEREST, ATTRACTIONS, MAPPING, SATELLITE IMAGERY, MAP DATA, AND DIRECTIONS, AND ANY INFORMATION PROVIDED BY OTHER USERS OF THE SERVICES) IS PROVIDED FOR INFORMATIONAL PURPOSE ONLY AND FOR YOUR CONVENIENCE. YOUR USE OR RELIANCE ON INFORMATION PROVIDED ON THE SERVICES SHALL BE AT THE YOUR OWN RISK AND SOLE RESPONSIBILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO, AND WILL HAVE NO LIABILITY OR RESPONSIBILITY UNDER, ANY TRANSACTION, CONTRACT, OR SUPPLEMENTAL RENTAL AGREEMENT BETWEEN USERS OF THE SERVICES (INCLUDING HOSTS AND GUESTS). WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY CAMPSITE, TRANSACTION, OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER DATA OR CONTENT PROVIDED VIA THE SERVICES.
WIRELESS SERVICE PROVIDERS NETWORK COVERAGE MAP DATA IS PROVIDED COURTESY OF THE FEDERAL COMMUNICATIONS COMMISSION. DATA IS FOR GENERAL INFORMATION PURPOSES AND “ACTUAL COVERAGE MAY VARY.” YOU SHOULD BE AWARE THAT SERVICE BREAKS CAN OCCUR EVEN IN AREAS THAT APPEAR TO BE COVERED. PUBLIC LANDS MAP DATA IS PROVIDED COURTESY OF THE NATIONAL PARK SERVICE, NATIONAL FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT. DATA IS FOR GENERAL INFORMATION PURPOSES ONLY. PLEASE NOTE THAT PRIVATE LAND MAY APPEAR WITHIN A PUBLIC LAND OVERLAY. PLEASE CONTACT THE APPROPRIATE MANAGEMENT OFFICE TO VERIFY BOUNDARIES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CAMPENDIUM, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, AND OWNERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CAMPENDIUM CONTENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. CAMPENDIUM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PROMOTIONS, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS (INCLUDING THE CAMPENDIUM CONTENT) ON THE SERVICES.
WITHOUT LIMITATION TO THE FOREGOING, CAMPENDIUM PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ACCURATE, COMPLETE, ERROR-FREE OR VIRUS-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY; TIME TO FILE CLAIMS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAMPENDIUM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, OR OWNERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR (B) DIRECT DAMAGES IN AMOUNTS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES YOU ACTUALLY PAID TO US IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, AND (II) FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CAMPENDIUM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then Campendium’s liability is limited to the smallest extent possible by law.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies:
- California residents must, as a condition of these Terms, waive the applicability of California Civil Code section 1542, which states, “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party, you hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use Campendium’s Services is contingent on your agreement with this and all other sections of these Terms. You agree Campendium’s total liability to you is not more than one hundred U.S. dollars ($100.00) or the total amount you spent while using the Services within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless Campendium and its parents, subsidiaries, and affiliated entities, and their respective officers, directors, employees, owners, operators, and agents, from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Services; (2) your violation of any term or condition of these Terms; (3) your violation of any third-party right, including without limitation any Intellectual Property, property, or privacy right; (4) any claim that any of your Content caused damage to a third party; (5) your failure to accurately report, collect or remit Taxes; or (6) your interactions or transactions with any other user of the Services, or rental of or stay at any Campsite, including, without limitation, any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, transaction, rental, or stay.
This defense and indemnification obligation will survive termination of these Terms and your use of the Services. You also agree that you have a duty to defend Campendium against such claims and Campendium may require you to pay for an attorney(s) of its choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Campendium may elect to settle with the party/parties making the claim and you shall be liable for the damages as though Campendium had proceeded with a trial
15. DMCA NOTICE
We respect the Intellectual Property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Services by users suspected of infringing the copyrights (or other Intellectual Property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
- Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
- 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 the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The written notice, along with any accompanying items, must be signed and submitted to our Designated Agent at:
Attn: DMCA Agent (Legal Dep’t)
131 East McMicken Avenue
Cincinnati, OH 45202
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
By using the Services, you promise that you are not located in, under the control of, or a resident or national of any country (or a person, or under the control of any person or entity) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. In addition, you promise that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country and that you are not listed on any United States government list of prohibited or restricted parties.
17. CHOICE OF LAW; FORUM OF DISPUTE; ATTORNEYS’ FEES
These Terms shall be governed by the laws in force in the State of Ohio without giving effect to any principles of conflicts of laws. The offer and acceptance of this contract is deemed to have occurred in the State of Ohio. You agree that any dispute arising from or relating to these Terms will be heard solely by the federal and state courts located in Hamilton County, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
18. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms are deemed to conflict with each other’s operation, Campendium shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
21. TERMINATION AND CANCELLATION
We may terminate or suspend the Services, your Account, or Web Services immediately for violations of these Terms or at our sole discretion, for any reason or no reason, with or without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms, you are solely responsible for following proper termination procedures. Stop all use of the Services and permanently delete any Web Services or other parts of the Services (included data procured from the Service) that you have downloaded. We may, but are not obligated to, delete or destroy Content you have posted at any time, including immediately upon termination of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation: ownership provisions; warranties you provide; disclaimers or limitations of warranties; obligations to defend, indemnify and hold harmless; limitations of liability; and the licenses, permissions, and releases you have granted to Campendium. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, after you cancel your Subscription, you may simply discontinue using the Service.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
23. ELECTRONIC COMMUNICATIONS
The communications between you and us use electronic means, whether you use the Services or send us e-mails, or whether we post notices on the Services or communicates with you via e- mail. For contractual purposes, you: (1) consent to receive communications from us in an electronic form (including via email to the email address associated with your Account); and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you or posts on the Services satisfy any legal requirement that such communications would satisfy if they were in writing. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your Account or administrative notices regarding the Services, as permitted under the CAN-SPAM Act. The foregoing does not affect your statutory rights.
Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 9:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
25. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Campendium must be addressed to our agent for notice and sent via certified mail to:
Attn: Campendium Agent Campendium
131 E. McMicken Ave.
Cincinnati, OH 45202
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.