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This is an Agreement between you and all persons you represent and Comfort Zone Camp Inc. ("CZC"). This Agreement states the terms and conditions of your use of CZC's website (the "Site"). By accessing or using the Site, you agree to the terms and conditions set forth in this Agreement. If you do not accept these terms and conditions, please do not use the Site. We reserve the right to update these provisions from time to time in our discretion. You should review these provisions periodically for updates and changes. "We", "our" and similar phrases herein refer to Comfort Zone Camp Inc 2. USE OF THE SITE The Site may be used only for lawful purposes. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. You agree that any information provided by you will be accurate, complete and up-to-date and will not: (a) be fraudulent or in any way misleading; (b) infringe any third party's copyright or other intellectual property rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; or (d) be defamatory, abusive, threatening or harassing, offensive, obscene or sexually explicit. You hereby grant to CZC and its agents and contractors a royalty-free perpetual, irrevocable, non-exclusive right and worldwide license to use, reproduce, modify, adapt, publish, translate and distribute any content or information submitted by you (in whole or part) and/or to incorporate it in other works in any media now known or hereafter developed for the full term of any copyright that may exist in such content. 3. DESCRIPTION OF SERVICES. Through its web properties, CZC provides you with access to a variety of resources and services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to this Agreement and to any other policies or regulations applicable to such services that may be posted or that you may be notified of from time to time. 4. TRADEMARKS. CZC, the CZC logo, Healing Circle and our products and services described in the Site, including ComfortZoneCamp.org, are either trademarks or registered trademarks of CZC and may not be copied, imitated or used, in whole or in part, without our prior written consent. All page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of CZC, and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. 5. OWNERSHIP. Copyright © Comfort Zone Camp Inc. 2000-2006. All Rights Reserved. The Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, models, data, and other elements available on or through the Site are the property of CZC and others and are protected by United States and international copyright, trademark, and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. Notices of claimed copyright infringement should be directed to: Comfort Zone Camp® Please put “Notice of Infringement” in the subject line of all such notifications. 6. PERMITTED USES OF THE WEBSITE. The Site may not be copied, imitated, reproduced, republished, transmitted, modified, mirrored or distributed in any way, in whole or in part without our express prior written consent. You may not: (a) upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining our prior consent; (b) alter, remove, or obscure any copyright, trademark, confidentiality, ownership or other notices or markings from the Site, including all screen displays and downloadable documentation; (c) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site; or (d) create derivative versions of any part of the Site; (e) rent, transfer, distribute or grant any rights in the Site in any form. 7. PERSONAL INFORMATION PRIVACY. CZC collects, uses and discloses information regarding your use of the Site and your personal information in accordance with its Privacy Policy, which is available by clicking here. We may change the Privacy Policy from time to time in our discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the Site, you consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person. 8. MEMBER ACCOUNT, PASSWORD, AND SECURITY. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a user name and a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CZC immediately of any unauthorized use of your account or any other breach of security. CZC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CZC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. 9. OTHER SITES. The Site may includes links to other websites or resources and businesses operated by or other persons (collectively, "Other Sites"). Other Sites are independent from CZC, may have different or inconsistent privacy policies or terms of use, and CZC has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. We do not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against CZC arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. 10. INDEMNIFICATION. You agree to indemnify, defend, and hold CZC, its owners, affiliates, officers, directors, agents, and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees, resulting from or arising out of your use of the Site, any information submitted by you, or your violation of any terms and conditions of this Agreement. 11. DISCLAIMERS. The internet is not a secure medium, may be subject to interruption and disruption, and breaches of security and privacy. The operation of the Site may not be continuous or uninterrupted, secure or private. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY COMFORT ZONE CAMP INC. TO THE FULLEST EXTENT PERMITTED BY LAW. COMFORT ZONE CAMP INC. DOES NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES COMFORT ZONE CAMP INC. WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. 12. LIABILITY EXCLUSION COMFORT ZONE CAMP INC. WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY LOSS OF USE, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, RELATING TO YOUR USE OF THE SITE, AND NOTWITHSTANDING THAT COMFORT ZONE CAMP INC. MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMFORT ZONE CAMP INC.'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS, LIABILITIES, OBLIGATIONS, OR DAMAGES EXCEED $100 (US). 13. TERMINATION. CZC has the right, in its sole discretion, to terminate any services of the Site and remove any materials from the Site. CZC may also terminate your access to any part or all of the services provided by CZC on the Site at any time, including your member account, with or without cause or notice, for any reason. CZC shall not be responsible for maintaining or returning any information submitted by you. 14. MISCELLANEOUS. CZC is based in Richmond, Virginia. This Agreement and your use of the Site shall be governed by Virginia law. No choice of law rules of any jurisdiction will apply. The State and Federal District Courts for Richmond, Virginia shall have exclusive jurisdiction and venue of any action or proceeding arising out of or relating to this Agreement or your use of the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and CZC with respect to the use of the Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of CZC. Because you will have access to the information and other valuable proprietary materials of CZC, you agree that CZC will have the right to enforce this Agreement and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that CZC may have for the breach of this Agreement. |
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