Effective as of November 21, 2016
We reserve the right to change these Terms from time to time without notice. You are responsible for reviewing these Terms periodically to learn about any modifications. Your continued use of the Services after any modifications constitutes your agreement to the modified Terms.
If you are agreeing to these Terms on behalf of a Camp Provider, then these Terms are binding both on you and your Camp Provider, and you represent and warrant that you are lawfully able to enter into contracts on behalf of the Camp Provider you are associated with and to bind the Camp Provider to these Terms.
These Terms apply to all users of the Services. However, certain of the Terms apply to only specified categories of users, as indicated below. The types of users include:
You may not use the Services if (a) you are under the age of 18, or (b) you are a person barred from using the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, or (c) you have been barred from the Services by us without permission to return.
You may be required to provide information about yourself (including without limitation your name and e-mail address) as part of the registration process on the Services. You represent and warrant that the information you provide in connection with the Services is and will be at all times accurate, complete and up to date.
Your account is for your own personal use or as applicable to Camp Providers, for internal Camp Provider use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree that you will not copy, sell, trade or resell any services provided through the Services for any purpose.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Services, and you agree that you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account information.
The Camp Rooster Site provides information relating to camp opportunities and facilitates transactions between Parents and Camp Providers. Rooster Brands is not a party to any of transactions between Parents and Camp Providers. This is true even if a Parent is able to pay for a spot in a Participating Camp through the Site.
Each user of our Services is solely responsible for evaluating the suitability of transactions for their needs, and the suitability of the other party with whom they enter into a transaction. We do not own or manage any Participating Camps listed on the Site.
Parents acknowledge that Camp Providers may have their own terms and agreements, including sign-up forms and waivers, and that such terms, agreements and documents form the basis for the agreement between Camp Providers and Parents. These Terms do not modify or affect any such agreements between Camp Providers and Parents.
While we may take certain measures to avoid potentially fraudulent and illegal activity of which we become aware associated with the Services, we assume no liability or obligation to take any such measures or actions.
Parents acknowledge and agree that Rooster Brands is not responsible for any injuries, illnesses, damages, refunds, claims, liabilities and costs ("Liabilities") that Participating Camps may cause Parents and their children to suffer, directly or indirectly, in full or in part, related to attendance or potential attendance at Participating Camps. Parents hereby waive and release Rooster Brands and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Camp Provider.
Descriptions of Participating Camps and any promotions for Participating Camps advertised on the Site are provided by the Camp Provider. Rooster Brands is not responsible for any performance or quality claims associated with Participating Camp descriptions.
Parents are solely responsible for determining the quality, condition, safety and legality of the Participating Camps advertised and the truth or accuracy of Participating Camp descriptions.
Before signing up for a Participating Camp, you should make whatever investigation that you deem necessary or appropriate to determine if the Participating Camp meets your needs and restrictions, has proper ratings and accreditations, and is otherwise suitable for you. Camp Provider is solely responsible for the quality of its Participating Camps.
Rooster Brands may, in its sole discretion, verify a user’s identity prior to processing a purchase. Rooster Brands may also refuse to process, or may cancel, a purchase, as reasonably deemed necessary to comply with applicable law or to respond to cases of misrepresentation, fraud or known or potential violations of the law or these Terms.
You agree that Rooster Brands does not guarantee that it offers lowest prices for a Participating Camp and is not responsible for typographical and other pricing errors. Rooster Brands reserves the right, at its sole discretion, to not process or to cancel any orders placed whose price was incorrectly posted on the Site as a result of an error. If this occurs, Rooster Brands will notify you by email. In addition, Rooster Brands reserves the right, at its sole discretion, to correct any error.
You agree to abide by all laws, rules, ordinances, or regulations ("Laws") applicable to participation in Participating Camps.
Camp Provider waives and releases Rooster Brands and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of Camp Provider or that is in any way related to the Participating Camps of Camp Provider, including without limitation claims by Parents against Rooster Brands relating to their experience with Participating Camps.
Camp Provider will accurately describe the Participating Camps that it adds to the Site.
Camp Providers that have acquired premium Services as defined on the Site ("Premium Camp Providers") authorize Rooster Brands to offer to Parents the ability to sign up for Participating Camps directly through the Site. Premium Camp Providers will accept campers from Parents through the Site, and will use the tools provided as part of the Services to update availability of spots in Participating Camp sessions on a timely basis.
Camp Provider acknowledges that Rooster Brands may in its discretion terminate the promotion of any Participating Camp at any time. Rooster Brands will offer Parents the ability to sign up for Participating Camps in its discretion.
Premium Camp Providers represents that the price it provides for a Participating Camp is the complete price. Premium Camp Providers will not charge Parents any extra or additional fees or charges for participation in a Participating Camp.
Camp Provider grants to Rooster Brands a non-exclusive worldwide license and right to use, reproduce, display, distribute and transmit the name, logo and any trademarks associated with the Participating Camps ("Camp Marks") and any photographs, graphics, artwork, text and other content provided or specified by Camp Provider ("Camp Content") in connection with the marketing, promotion, and sale of Participating Camps and spots in Participating Camps, in any and all media or formats, including but not limited to, on the Site.
Camp Provider agrees to abide by all Laws related to the providing of Participating Camps, including but not limited to any and all Laws relating to taxes, privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination laws, as applicable. You acknowledge that, even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to Participating Camps, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to Participating Camps in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Camp Provider represents and warrants that: (a) Camp Provider has the right, power and authority to enter into these Terms; (b) Camp Provider owns all right, title and interest in the Camp Marks and Camp Content and has the right to grant the licenses in the Camp Marks and Camp Content in these Terms; (c) the Participating Camp descriptions and all advertising or promotion of the Participating Camps will not constitute false, deceptive or unfair advertising or disparagement under any applicable Laws; and (d) the Camp Marks and the Camp Content do not and will not infringe or violate any copyright, trademark, or other intellectual property right or right of privacy or publicity of any third party or any Laws.
Camp Provider will defend, indemnify and hold Rooster Brands, its affiliates, and any of their officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to attorney's fees) arising out of or relating to any of the following: (a) any breach or alleged breach by Camp Provider of the covenants, representations or warranties herein; and (b) any claim arising out of or relating to the Participating Camps, including but not limited to, any claims for personal injury, death, or property damage.
These Terms are non-exclusive. Rooster Brands is free to list competing camps as part of the Services, and you are free to use services that compete with the Services in marketing your Participating Camps.
You agree that we may create photographs, videos and other content related to the Participating Camps and use such content as part of the delivery and marketing of the Services.
We reserve the right to change our Site and Services, with or without notice, from time to time.
Premium Camp Providers agree to pay the monthly subscription fees and the per-transaction fees as specified on the Site. Parents may sign their children up for spots in Participating Camps by paying the fees for such Participating Camps as set by the Premium Camp Providers.
All fees paid are nonrefundable and are paid in U.S. dollars. Parents must contact the Camp Provider to seek a refund for any payments made to attend Participating Camps offered by such Camp Provider. Refunds are not provided by Rooster Brands.
Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any Services, you must provide us with a valid credit card number and associated payment information. You represent, warrant and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We will not be liable if minors or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU WILL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
Certain fees (as specified on the Site) will automatically renew and continue until the associated Services are terminated. You consent to and accept responsibility for all recurring charges to your credit or debit card without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable fees. In the latter case, you will have the option to opt-out and discontinue Services prior to the recurring charge.
You are responsible for paying all governmental fees and applicable taxes associated with the Services and any transactions entered in connection with the Services. If your payment method fails or your account is past due, Rooster Brands may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.
You agree to use the Services only for the purposes intended and only as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You represent and warrant that you will:
a. Access (or attempt to access) the Services solely through the means we provide. You specifically agree not to access (or attempt to access) any of the Services through any automated (including use of scrapers, scripts, robots, spiders, or web crawlers), unethical or unconventional means.
b. Not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services are located or connected.
c. Not attempt to copy, disclose, sell, trade, or resell the Services.
d. Not enter or attempt to enter unauthorized parts of the Services or any of our computers or servers used to provide the Services, or perform functions that you are not authorized to perform hereunder;
e. Not impersonate or attempt to impersonate Rooster Brands or a Rooster Brands employee, administrator or moderator, another Member, or any other person or entity;
f. Not "frame" or "mirror" any part of the Site or Services. You also shall not use metatags or code or other devices containing any reference to Rooster Brands or the Services in order to direct any person to any other web services for any purpose;
g. Not scan, or test the security or configuration of the Site or to breach security or authentication measures;
h. Not interfere with or attempt to interfere with the provision of the Services to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
i. Not use the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Rooster Brands;
j. Not use the Site or any of its resources to solicit Parents, Camp Providers or other business partners of Rooster Brands to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Rooster Brands;
k. Not use any Parent or Participating Camp information from the Site for any commercial purpose, including, but not limited to, marketing;
l. Not violate the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
m. Not take any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
You agree to indemnify and hold harmless Rooster Brands and its affiliates, and their directors, officers, managers, employees, agents, and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (a) your use of the Services; (b) any violation by you of these Terms; and (c) any actions taken relating to the Services or your account by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
If you submit information on the Site ("Content"), you represent and warrant that: (a) you are authorized to provide such information, and (b) the information provided is complete and accurate. We reserve the right to remove any information if we determine, in our sole discretion, that the information provided does not meet these requirements.
You understand that generally we do not pre-screen or monitor the Content posted by our users. If you submit any Content, then it is your responsibility to do so in a responsible and ethical manner. You represent, warrant, and agree that you will not upload, post, share, or otherwise distribute any Content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, obscene, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of a third party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any employees or representatives of Rooster Brands; or
v. Violates any person’s right of privacy or publicity.
We have the right at our sole discretion to remove any Content that in our judgment does not comply with these Terms. We are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to such removal, and hereby waive any claim against us.
You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, translate, publish, display, and distribute your Content as part of the Services and associated services.
You understand and agree that the Services are provided "as is" and "as available". We do not represent or warrant to you that:
i) use of the Services will meet your needs or requirements.
ii) use of the Services will be uninterrupted, timely, secure or free from errors.
iii) any defects in the operation or functionality of the Services we provide will be repaired or corrected.
Furthermore, you understand and agree that:
iv) any use of the Services done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the Services.
v) no information or advice, whether expressed, implied, oral or written, obtained by you from Rooster Brands or through any Services shall create any warranty, guarantee, or conditions of any kind.
vi) Rooster Brands does not endorse any company, product, or service associated with the Services.
ROOSTER BRANDS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You expressly understand and agree that any claim against us related to the Services shall be limited to the amount paid by you for such Services. In addition, Rooster Brands will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages, or for any lost profits or lost revenue, which may be incurred by you as a result of using the Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime.
The limitations of liability hereunder shall apply regardless of the failure of any remedy herein, and whether or not we have been advised or should have been aware of the possibility of any such losses arising.
You acknowledge and agree that we and our licensors own and retain all right, title and interest in and to the Services, including all related software, content (excluding your Content), and all associated intellectual property rights. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any information, materials, or software associated with the Services.
Nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, or domain names.
You agree that you shall not remove, obscure, or modify any proprietary rights notices that may be associated with the Services. You agree that in using the Services, you will not use any trademark (including any logo) of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks or logos.
You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software associated with the Services. Unless we have given you specific written permission to do so, you may not transfer or assign your rights to use the Services.
If you believe that any materials, works or content on the Site infringes your copyright, you may notify Rooster Brands of the infringing content and provide the following information:
Your notice of claim of copyright infringement can be sent by directing an email to [email protected] or letter to the following designated copyright agent:
Rooster Brands, LLC
P.O. Box 3573
Durham, NC 27702
Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
You agree that we may suspend or terminate your access to all or part of the Services with or without notice if you breach any of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The Site may include links to other web services or content or resources. We may have no control over any web services or resources which are provided by companies or persons other than us. We do not endorse any advertising, products or other materials on or available from third-party web services, services or resources.
You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external services, services or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web services, services or resources.
We may use questions, comments, suggestions, ideas, feedback or other information submitted to use ("Feedback") for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby grant to us a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback.
Different countries have different laws and regulations. We make no representations that the Services are appropriate or legally available for use in locations outside the United States. If you are accessing the Services from jurisdictions where the Services may be illegal, you are solely responsible for complying with all local laws regarding the Services.
The Terms constitute the entire legal agreement between you and us regarding the Services, and supersede and replace any prior agreements between you and us in relation to the Services, including but not limited to any prior version of the Terms.
You agree that we may provide you with notices, including those regarding changes to the Terms, by email or postings on the Services.
Any failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
If any provision of the Terms is held invalid, the remainder of the Terms will continue in full force and effect.
The parties acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between use by your use of the Services, and neither party has the power or the authority to obligate or bind the other. You acknowledge and agree that no person or company shall be third party beneficiaries to the Terms.
The section titles in the Terms are for convenience only and have no legal effect.
We may modify or discontinue all or a part of the Services at any time, with or without notice to you.
The Site is controlled by Rooster Brands from our offices located in the state of North Carolina, United States. By accessing the Services, you agree that the laws of North Carolina, without regard to its conflict of laws rules, apply to all matters relating to the use of the Services.
Any dispute arising out of or relating to these Terms shall be exclusively brought in the federal or state courts located in Durham County, North Carolina, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions or comments about these Terms of Service, you can contact us at [email protected]