Website Terms of Use
Last Updated on January 3, 2025
IMPORTANT! PLEASE REVIEW THESE TERMS OF USE BEFORE USING OUR WEBSITE. THIS TERMS OF USE INCLUDES TERMS THAT AFFECT YOUR RIGHTS, INCLUDING A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN PERMITTING JURY TRIALS OR CLASS ACTION LAWSUITS. BY USING OUR WEBSITE AND OTHER SERVICES, YOU ARE THUS WAIVING YOUR RIGHTS TO RESOLVE DISPUTES WITH US THROUGH JURY TRIALS OR CLASS ACTION LAWSUITS.
Welcome to Camp DeForest!
The website at www.campdeforest.com and its related and associated websites, applications, tools, and utilities (collectively, the “Website” or “Site”) is owned by Camp DeForest, LLC (“Camp DeForest,” “us,” “our,” “we”) and is hosted in the United States. This Website Terms of Use (the “Terms of Use,” “Terms,” or “Agreement”) governs your use of the Website, as well as any other websites, applications, tools, or utilities that link back to this Agreement.
This Agreement includes and incorporates all other agreements that govern your use of any of our services and products, including when you visit, use, or stay at our Camp DeForest motel, cottages, property, or facilities at (but not limited to) 12 Whitney Road, Lincolnville, Maine 04849 (collectively, the “Property”) or use any of our facilities, technologies, services, or products available on or through the Website or available at the Property (collectively, the “Services”). Our Agreement with you includes these Terms of Use, the Acceptable Use Policy, our Reservations and Cancellations and Other Policies and Rules, and our Privacy Policy, as well as any other agreements that are accessible through our Website or that we communicate with you in connection with any of Services, and all such other agreements are also incorporated herein.
This Agreement applies to any and all visitors to and users of this Site. THIS IS A BINDING AGREEMENT BETWEEN US AND YOU, ON BEHALF OF YOURSELF AND ANYONE FOR WHOM YOU ARE FACILITATING BOOKINGS OR RESERVATIONS OR FOR WHOM YOU ARE OTHERWISE USING OUR SITE OR OTHER SERVICES.
YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY OF OUR PRODUCTS, TECHNOLOGIES, OR OTHER SERVICES, AS WELL AS ALL OF OUR TOOLS AND CONTENT OF ANY KIND, ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. BY USING THIS WEBSITE OR ANY OF OUR PRODUCTS, TECHNOLOGIES, OR OTHER SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE (INCLUDING ALL OTHER DOCUMENTS AND AGREEMENTS RERERENCED AND INCORPORATED HEREIN). PLEASE READ THESE TERMS OF USE VERY CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING YOUR AGREEMENT TO ARBITRATION, AND OTHER IMPORTANT TERMS AFFECTING YOUR RIGHTS.
By accessing, using, viewing, transmitting, caching, storing, and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way, by staying at or visiting our Property, and/or by using any of our products or other Services, you have agreed to each and all of the terms and conditions set forth in these Terms of Use, without limitation or qualification. If you access the Site through a mobile application or widget, use may also be subject to terms of download and/or use of that application or widget, which you hereby agree to.
TO FURTHER SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, BEFORE UNDERTAKING ANY TRANSACTIONS ON THIS SITE, YOU MUST INDICATE YOUR AGREEMENT TO BE BOUND BY THIS WEBSITE’S TERMS OF USE (INCLUDING THE PRIVACY POLICY, AND OTHER DOCUMENTS AND AGREEMENTS REFERENCED AND INCORPORATED HEREIN) BY CLICKING AS INDICATED. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS (INCLUDING ALL OTHER AGREEMENTS AND DOCUMENTS REFERENCED AND INCORPORATED HEREIN), DO NOT CLICK OR CHECK THE BOX AS INDICATED, AND DISCONTINUE IMMEDIATELY ANY FURTHER USE OR ACCESS OF THIS WEBSITE AND/OR ANY OF OUR PRODUCTS AND OTHER SERVICES.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE OR ANY OF OUR PRODUCTS OR OTHER SERVICES, INCLUDING STAYING AT OR VISITING THE PROPERTY.
Changes to these Terms.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these Terms periodically for changes and note the “Last Updated” date, which sets forth the date of the last revisions of these Terms. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes.
No Users Under the Age of 18.
Persons under the age of eighteen (18) are not eligible to use this Website or to use any of our products or other Services, and we ask that minors and children do not “Sign Up” (defined below) or create an account, submit any personal or confidential information to us, or otherwise access or use this Website or its Products or Services.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT BOOK ANY ROOMS OR EVENTS AT THE PROPERTY, REGISTER OR SIGN UP FOR ANY SERVICES OFFERED BY OR THROUGH THIS WEBSITE, USE OR PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR BROWSE THIS WEBSITE, INCLUDING VISITING ANY OF OUR PAGES. IN ADDITION, PLEASE NOTE THAT ONLY PERSONS AGED 18 YEARS OR OVER MAY AGREE TO THE TERMS OF USE OF THIS WEBSITE, INCLUDING THE PRIVACY POLICY. PERSONS YOUNGER THAN 18 YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE. By accessing or using this Site unsupervised and/or registering for an account, you warrant that you are eighteen (18) years of age or older.
Eligibility to Use This Website and to Make Reservations or Accept any Products or Services Offered by this Site.
The Site is available only to individuals and entities who can form legally binding contracts under applicable law. Thus, as discussed above, and without limiting the foregoing, the Site and the Services offered by the Site (or other Services offered by us) are not available to minors. You warrant that you are eighteen years of age or older to use this Site, including to reserve a room or bungalow or otherwise interact with this Site. You agree to be financially responsible for all of your uses of this Site (as well as for uses of your account by others, including without limitation, any minors living with you).
You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act and that all information supplied by you or members of your household in using this Site is true and accurate. You may use this Site only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act and you further agree that you will not use this Site for any other purposes, including without limitation, to make any speculative, false, or fraudulent reservations, or any reservation in anticipation of demand. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.
For any reservations or other Services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, or Services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent Camp DeForest’s policies, standards, rules, terms, or conditions.
Reservations made by one or more individuals or by an agency on or through our Site, on behalf of one or more proposed guests, and involving more than three rooms for the same period of stay, must be made directly by calling us at (207) 789-5777 . If more than three rooms for the same period of stay are booked through any other method, we reserve the right to cancel or impose additional requirements on such reservations.
Some rates may have special eligibility requirements such as AAA or AARP membership. It is your responsibility to verify that you qualify for the rate that you have booked. We are not obligated to honor rates if you do not qualify.
Creating an Account.
To access and utilize certain of our Services, you may be required to register for an account with us (“Sign Up”), which will require you to provide certain information about yourself. If you Sign Up for an account, you agree to provide us with true, accurate, current and complete information about yourself as requested by us (“Registration/Sign Up Information”). The Registration/Sign Up Information may include name, e-mail address, residence address, billing address, birthdate, phone number, and other personal information about you, such as your travel preferences and accessibility needs.
By Signing Up, you further agree as follows:
To refrain from impersonating or falsely representing your affiliation with any person or entity;
To maintain and update the Registration/Sign Up Information;
To maintain a valid e-mail address at all times and to promptly notify us in writing of any changes to your e-mail;
To access the account on the Website or mobile application using only the login information, including password, associated with your account;
To be responsible for maintaining the confidentiality of your account and password and any and all consequences of use or misuse of your account and password.
All personal information that you provide to us or that we otherwise collect from you, including the Registration/Sign Up Information, is collected, used, retained, and/or stored subject and pursuant to our Privacy Policy. For more information regarding our collection, use, and retention of the Registration/Sign Up Information and other personal information you may provide to us, please read our Privacy Policy.
BY USING THIS WEBSITE (INCLUDING ANY MOBILE APPLICATIONS AND ANY OF OUR PRODUCTS OR SERVICES), YOU REPRESENT AND WARRANT THAT (i) ALL REGISTRATION/SIGN UP INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE; (ii) YOU WILL MAINTAIN THE ACCURACY OF ALL SUCH INFORMATION; (iii) YOU ARE 18 YEARS OF AGE OR OLDER; (iv) YOU ARE NOT CURRENTLY RESTRICTED FROM USING THE SITE, OR NOT OTHERWISE PROHIBITED FROM HAVING AN ACCOUNT WITH US; (v) YOU WILL NOT ACCESS THE SERVICES THROUGH AUTOMATED OR ANY OTHER NON-HUMAN MEANS, INCLUDING THROUGH A BOT OR SCRIPT; (vi) YOU HAVE THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO (AND, WHERE APPLICABLE, PERFORM) THESE TERMS OF USE, AND DOING SO WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY; (vii) YOUR USE OF THE WEBSITE OR ANY OF OUR SERVICES DOES NOT VIOLATE ANY APPLICABLE LAWS OR REGULATIONS; AND (viii) YOU AGREE TO PROVIDE, OPERATE, AND MAINTAIN, AT (AS BETWEEN YOU AND US) YOUR SOLE COST, EXPENSE, AND RISK, ANY AND ALL EQUIPMENT, SOFTWARE, APPLICATIONS, AND INTERNET ACCESS REQUIRED OR NECESSARY TO USE THIS SITE AND OUR SERVICES, NOT INCLUDING WHEN YOU OPT TO USE OUR WIFI NETWORK WHILE STAYING AT THE PROPERTY.
Credit Card Information.
The storage of credit card information on the Site (if available) is entirely optional. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may be maintained only until the expiration date of the credit card. You acknowledge and agree that Camp DeForest may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide us with your account information or other credentials or if you use such devices to access your account with us. For more information about our collection of credit card information or other information about you and our processing and storage policies, please see our Privacy Policy.
Currency Conversion.
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in United States currency ($ USD). Currency quotes are not updated every day. Any currency information or exchange rate supplied or utilized by our Website is believed to be accurate, but we do not warrant or guarantee such accuracy.
Reservations Through Mobile Use of Website.
Wireless reservations may not be available in every location. Functionality is not guaranteed with all types of mobile devices in using the Site. In addition, the connection to a mobile device will not work if your device is not configured to use SSL encryption. Please note that security features vary by carrier/service provider and mobile device. Also, additional minutes/charges may apply and may be charged by your mobile carrier/service provider. If you have any questions about your mobile device being used to access our Site or if you are having difficulty with mobile access or functionality on our Site, you should contact your service provider directly for technical assistance.
Keyless Entry Terms.
From time to time, you may be able to use your mobile device to unlock rooms you are staying in without a key from us. Keyless entry functionality may be available to guests who have downloaded the necessary mobile device application, who have a valid reservation for a participating room or bungalow, and who have elected to use keyless entry. Valid reservations may not include certain reservations made through meeting planners, travel agents, wholesalers, and third-party websites.
To use keyless entry, you must ensure that all necessary settings and required network communications are enabled and correct, including, without limitation, allowing and enabling push notifications to be sent to your mobile device. In addition, you acknowledge and agree that keyless entry can be used only when bluetooth functionality is enabled on your mobile device and that mobile keys can be issued to or deleted from the approved application only when your mobile device has network connectivity. If your mobile device does not have network connectivity at any time, you may only be able to use valid mobile keys already installed in the approved application. Mobile keys licensed to you will be specific to your mobile device and you will need to re-download the authorized application and re-register for keyless entry if you get a new mobile device.
If you utilize keyless entry, you acknowledge and agree that your guest room or cabin number for a valid reservation will be sent to your mobile device through the approved application and will be viewable to anyone with access to your mobile device through the approved application. You are solely responsible for restricting use of the approved application on your mobile device and keeping your mobile device, and all keys stored thereon, secure — for example, by using passwords or other security functions necessary to restrict access to your mobile device or the approved application. You agree that you will not allow a third party to use your mobile device to access the approved application or use keyless entry on your mobile device.
If at any time while you have a reservation that can be accessed via keyless entry your mobile device is lost, stolen, or hacked, you agree to immediately contact the Front Desk/Reception at (207) 789- 5777 and to follow any instructions that we provide, including, without limitation, deleting or consenting to the deletion of any mobile keys from your mobile device. Camp DeForest shall not be responsible for any problems or claims that may result from your failure to adequately secure your device or to notify us promptly in the event that your mobile device is lost, stole, or hacked, or is otherwise no longer in your possession or control or is compromised, or for any other problems, claims, or other liabilities that may result from the loss, theft of, or other unauthorized access to mobile keys.
You agree that you will use keyless entry only in connection with a valid reservation for the intended purposes of checking-in and of using your mobile device to access designated areas that you are lawfully permitted to access, including any guest room or bungalow assigned to you. You shall not use keyless entry for any other purpose, and you may use keyless entry only on a mobile device that you control.
Copyright and patent laws and international treaty provisions and other applicable laws protect keyless entry software and mobile keys. Any reproduction or redistribution of the software or mobile keys is expressly prohibited by applicable law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software or mobile keys for further reproduction or redistribution is expressly prohibited by this Agreement. Camp DeForest grants to you a limited, non-exclusive, non-transferable, revocable license to use keyless entry functionality on your mobile device while it is in your possession and under your control and only for use as otherwise set forth in these Terms.
Intellectual Property Rights; Restrictions On Use of Website Materials.
All materials contained in the Site are the copyrighted works of Camp DeForest, or its affiliated companies and/or third-party licensors. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or by other parties for our benefit may be copied, “scraped,” “mirrored”, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these Terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download (where applicable) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end-user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through or on the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.
In the event you are permitted to download any software from the Site, mobile applications, or as part of any of our technologies or other Services, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your use in connection with the Site or as otherwise expressly stated by us. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all underlying intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress, and trade names are proprietary to Camp DeForest or our licensors or partners and may not be used by anyone for any purpose without our prior express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, trade names, trade dress, or other proprietary information or works (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent. We consider our names, logos, trademarks, service marks, trade dress, and trade names to be valuable assets, and take infringement of them seriously.
If you wish to make any use other than set out in these Terms of Use of any material or works that are displayed or accessible on our Website, mobile applications, or through any of our Service, please address your request to: legal@campdeforest.com
Prohibited Conduct.
You may use the Website and our other Services only for lawful purposes and in accordance with these Terms of Use (including the Acceptable Use Policy). You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use (including the Acceptable Use Policy).
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Camp DeForest, a Camp DeForest employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or our other Services, or that, as determined by us, may harm us or users of the Website or other Services, or may expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Contributions by Users.
Please understand that, as a general matter, our policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on the Site and in connection with any Services we offer, we request that you be specific in your comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
You may be permitted to send, upload, or submit certain content or materials to our Website or any interactive Services, including in a Forum (defined below). If you send, directly or through a Forum or any other interactive Services, certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, communications, text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, or other content or information (collectively, the “contributions”), the contributions shall be deemed, and shall remain, our property. None of the contributions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any contributions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the contributions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the contributions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the contributions.
By making a contribution, you agree that such contribution is non-confidential, non-proprietary, and may be disseminated or used by Camp DeForest. But we are not required to use any contribution. You are solely responsible for your contribution, the consequences of making a contribution, and your reliance on any contribution. Camp DeForest is not responsible for the consequences of any contribution. We are not responsible for screening or monitoring contributions by users made to this Site (including via any Forum). If notified by a user of a contribution allegedly in violation of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove such contribution. We will have no liability or responsibility to users for performance or nonperformance of such activities.
You agree that you will not make any contribution that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.
You represent and warrant that: (a) you own or control all rights in and to any contributions and have the right to grant any licenses or assignments set forth herein to use; and (b) all of your contributions will be in compliance with this Terms of Use (including our Acceptable Use Policy).
Additionally, you agree that you will not: (a) make any contribution that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a contribution to a Forum unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site or any Services, or which, in the judgment of Camp DeForest, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.
Camp DeForest reserves the right (but is not obligated) to: (a) monitor the dialogue on the Site; (b) investigate an allegation that a contribution does not comply with this Agreement (including the Acceptable Use Policy) and determine in its sole discretion to remove or request the removal of the contribution; (c) remove contributions that are abusive, illegal, disruptive, or outdated, or otherwise fail to comply with this Agreement (including the Acceptable; (d) terminate a user's access to any or all parts of the Site (and our other Services) upon any breach of this Agreement (including the Acceptable Use Policy) or applicable law; (e) monitor, edit, or disclose any contribution; (f) disclose your identity or other information about you to any third party who claims that material posted by you violate their rights, including their intellectual property rights or their right to privacy; (g) edit or delete any contribution posted on the Site (and/or on any Forum), regardless of whether such contribution violates this Agreement (including the Acceptable Use Policy); or (h) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Contributions in Forums and Other Public Communications.
A “Forum” means and refers to a chat area, message board, e-mail function, or other interactive function or element that may be offered from time to time as part of the Site or our other technologies or Services. If you participate in a Forum within the Site or through our other Services, you must comply with these Terms of Use (including our Acceptable Use Policy[6] ), and you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any applicable law; (v) post or distribute any vulgar, obscene, discourteous, or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Site or to engage in other expressly permissible non-commercial activities; (viii) post or distribute any software or other materials that contain a virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. You shall remain solely responsible for the content of your messages and other contributions and shall indemnify and hold the Indemnified Parties (defined below) harmless for the content of such messages or contributions. We reserve the right to remove or edit content from any Forum or from the Website at any time and for any reason.
By uploading materials to any Forum or otherwise submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived or, if not waivable, will not be asserted.
Please realize that when participating in a Forum, you should never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated/interactive content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment or other important decisions based solely or largely on information you cannot confirm. We are not responsible for the content or accuracy of any such information, and shall not be responsible for any trading, investment, or other decisions that you are anyone else makes based on such information.
Promotional Information.
The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions, and restrictions. Please refer to and read carefully the terms, conditions, and restrictions of each Promotional Offer. Camp DeForest reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Links to/from Other Sites.
Links to other sites we think may be of interest to you may be provided for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site.
You should exercise discretion while browsing the Internet and using the Site or other Services. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third-party sites to the Site.
We make no representations concerning the content and safety of sites listed in any of our Site's directories or elsewhere on the Site. Consequently, we are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in any search results or otherwise linked to our Site or .
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot, and do not, guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Linking to the Website and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use (including the Acceptable Use Policy).
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions.
Camp DeForest, the owner of the Website, is based in the State of Maine in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and risk, and are responsible for compliance with local laws.
Disclaimers.
ELECTRONIC TRANSMISSIONS, INCLUDING ON THE SITE AND OVER THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS NOT PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AND OUR OTHER SERVICES AT YOUR OWN RISK. THE CONTENT AND MATERIALS IN THE SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO THE SITE OR OF ANY OF OUR OTHER SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE OR OUR OTHER SERVICES WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS, OR THE SERVERS THAT MAKE AVAILABLE THE SITE (AND ITS CONTENT AND MATERIALS) OR OTHER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SITE OR OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the safety, legality, accuracy, content, or availability of information found on sites that link to or from our Website. We cannot ensure that you will be satisfied with any Service that you access on or purchase from the Site or from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security or confidentiality of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays, or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, email, form postings, connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or other third parties, or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for this Agreement or otherwise act in an inappropriate manner, including with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content, or cancel reservations in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of functioning as planned, including as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Camp DeForest, we reserve the right (but undertake no obligation) in our sole and absolute discretion, to prohibit you (and all of your information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information or any other personal or sensitive information, related to or resulting from use of the Website or any sites, services or materials linked or related thereto or therefrom and that the Indemnified Parties are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Website operating or not operating on computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party services, our Website may act as the venue for suppliers to sell services (or, as appropriate, solicit offers to buy) and buyers to purchase such services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users that is made available through the Website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons, or people acting under false pretense.
Although we intend that descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions in the Site are accurate, complete, current, or reliable in any or all respects.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
Search and directory services may be offered in connection with the Site. No search engine technology can possibly have all accessible information at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Site.
The Site may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Site, including, without limitation, rates, fees, or availability applicable to your transaction. Camp DeForest is not responsible for any typographical, photographic, technical, or pricing (including, without limitation, mistaken room rates) errors listed on our Site. Camp DeForest reserves the right to make changes, corrections, and/or improvements to the Site, and to the Services and programs described in such information, at any time without notice, including after confirmation of a reservation.
Indemnification.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and each of our partners, subsidiaries, parents, affiliates, franchisees, licensees, licensors, and each of our and such person’s or entity’s members, officers, directors, agents, representatives, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the Website, the Services provided by us (including those provided on, through, or by the Site), or any related act or failure to act by you, whether or not occasioned or contributed to by the negligence of Camp DeForest or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws of any kind or nature. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability; Damages Cap.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE SERVICES OR FUNCTIONS OF THE SITE), OR OUR SERVICES, OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR OUR SERVICES OR YOUR RELIANCE UPON THE SITE (INCLUDING THE CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE), OUR SERVICES, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE OUR SERVICES OR THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THE SITE (OR ANY OF THE SERVICES OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE), YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND OUR SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
Release.
BY UTILIZING THE SITE OR OUR SERVICES, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED, AND HELD HARMLESS FROM, AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE OR OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR OUR SERVICES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS OR SERVICES RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE (AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS) OR ANY OF OUR OTHER SERVICES TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE OR OUR SERVICES.
You also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, successors, and assigns, as applicable, hereby fully and forever release and discharge the Indemnified Parties, from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, expenses, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity, or otherwise, whether now known or suspected, that have existed or may have existed, or that do exist or that hereafter can, shall, or may exist, based on any facts, events, or omissions occurring from any time on or prior to the execution of this Agreement that arise out of, concern, pertain, or relate in any way to this Agreement, the Site, or our other Services. You also acknowledge that there is a possibility that, subsequent to the execution of this Agreement, you will discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and that if known by it at that time may have materially affected its decision to execute this Agreement. You acknowledge and agree that, by reason of this Agreement, and the release contained in this section of this Agreement, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You knowingly and voluntarily waive the provisions of any statute, law, or rule limiting the release of unknown claims. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those that you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through this Agreement, to fully and finally settle and release all such matters, and all claims relative thereto, that do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties.
Jurisdictional Issues, Including Availability in Foreign Jurisdictions and Export Control.
The Services described in and available through the Site may not be available in your country. We make no representation that the services offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.
The Site is operated from the United States, and it is possible that some Software from the Site may be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, where permitted, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.
Independent Contractors.
You and Camp DeForest are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement or by your use or access of any of our Services.
Termination.
Your access to the Site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement (including the Acceptable Use Policy). Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations that by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (i) Intellectual Property Rights; Restrictions On Use of Website Materials.; (ii) Prohibited Conduct (iii) Contributions by Users; (iv) Contributions in Forums and Other Public Communications; (v) Disclaimers; (vi) Indemnification; (vii) Limitations on Liability Damages Cap; (viii) Release; (ix) Independent Contractors; (x) Dispute Resolution and Arbitration; (xi) Notice and Procedure for Making Claims of Copyright Infringement; and (xii) Genera Provisions.
Dispute Resolution and Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a. Scope: The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and us asserted after the effective date of these Terms of Service, including but not limited to all disputes arising out of these Terms or your use of the Website or any of our Services (each, a “Dispute”), except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration,” shall be subject to binding arbitration in accordance with Section (b), below.
b. Binding Arbitration: The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.
i. Process: In order to initiate arbitration, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
ii. Location & Hearing: The arbitration hearing will be held in Waldo County, Maine, or in another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or we may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.
iii. Arbitrator’s Decision: The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
iv. Fees: Your and our right to recover attorneys’ fees, costs, and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.
v. Mass Arbitration Before NAM: Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms.
Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.
c. Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:
i. Provisional Remedies: Either party may seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction, subject to the forum selection provisions below.
ii. Intellectual Property and Trade Secret Disputes: Either party may bring an action in state or federal court that asserts only claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
iii. Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
d. Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.
e. Statute of Limitations. To the fullest extent allowed by law, you and we agree that if any Dispute has a statute of limitations in excess of one year, such Dispute must be filed within one year after the Dispute accrued or it will be forever barred.
f. Forum. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in Waldo County in the State of Maine (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
g. Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
h. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in (b) and (c) by sending us written notice of your decision to opt-out. The notice must be sent within thirty (30) days of your first use of the Site, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Digital Signature Provisions.
You represent and warrant that you have the legal right, power, and authority to agree to the terms of this Agreement on behalf of yourself and any persons you represent. You further agree that your use of the Website or any Services and/or your clicking that you agree with the Agreement constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") (as enacted by the states) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and any persons on whose behalf you are acting.
Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our “Designated Agent.” Notification under Title 17, United States Code, Section 512(c)(3) must be submitted to the following Designated Agent:
Service Provider(s): Camp DeForest, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Legal Team
Full Address of Designated Agent to Which Notification Should be Sent: 12 Whitney Road, Lincolnville, Maine 04849
Telephone Number of Designated Agent: (207) 789-5777
Email Address of Designated Agent: legal@campdeforest.com
Notification to the Designated Agent applies only to notices under Title 17, United States Code, Section 512(c)(3) and is not a substitute for legal service of process requirements where such service is required.
To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Provisions.
All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by Camp DeForest, by posting such notice on the Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to the Site.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Maine, without giving effect to any principles of conflicts of law.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver of the terms of this Agreement shall be binding unless executed in writing by the party making the waiver.
Feedback; Assistance.
Any feedback, comments, requests for technical support or assistance, and other communications relating to the Website should be directed to feedback@campdeforest.com