Terms & Conditions of Use - Camp John Marc

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE (the “Site”). This Site is intended for residents of the United States only. If You, the user (“You” or “Your”), do not agree with any of these Terms and Conditions of Use (“Terms of Use”), You are prohibited from using or accessing this site and must not access this Site any further.

1. Terms

This Site is fully controlled and operated by Special Camps for Special Kids, a Texas non-profit corporation doing business as Camp John Marc (“CJM”). By accessing this Site, You are agreeing to be legally bound and abide by these Terms of Use and our Privacy Policy found at https://www.campjohnmarc.org/privacy-policy, all applicable laws and regulations, and agree that You are also responsible for compliance with any applicable local laws. All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of CJM and/or its subsidiaries, affiliates, assigns, or other respective owners and may be protected, without limitation, pursuant to copyright and trademark laws. As such, any use of the Site not expressly permitted by these Terms of Use is considered a breach and may violate such copyright, trademark or other laws.

2. Site Use License

a. CJM hereby grants You a limited, personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any of CJM’s Material and/or software that You may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that You maintain and display all copyright and other notices contained in such Material. .

b. This is the a grant of a limited license, not a transfer of title, and all rights not expressly granted are reserved by CJM. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Under this license grant You may not:

i. reproduce, modify, copy, create derivative works from, publish distribute, disseminate, broadcast or circulate the Materials, without the express written consent of CJM;

ii. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to disassemble, decompile, reverse engineer or otherwise modify any software contained on the Site;

iv. modify the Materials or remove any copyright or other proprietary notations from the Materials;

v. transfer the Materials to another person or “mirror” the Materials on any other server;

vi. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

vii. use any device, software or routine that interferes with the proper working of the Site;

viii. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

ix. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

x. otherwise attempt to interfere with the proper working of the Site; or

xi. download any software from the Site and export or re-export in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

c. This license shall automatically terminate if You violate any of these restrictions and may be terminated by CJM at any time. Upon of this license for any reason, You must at the option of CJM, return any downloaded Materials or copies of Materials in Your possession whether in electronic or printed format.

3. Site Terms of Use Modifications

CJM may revise and update these Terms of Use for the Site at any time in our sole discretion and without prior notice. All changes are effective immediately when posted and apply to all access and use of the Site thereafter. Your continued use of the Site following the posting of revised or updated Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access this Site so that You are aware of any changes, as they are binding on You. As a result, by using this Site You are agreeing to be bound by the then current version of these Terms of Use.

4. User Information Collected.

a. CJM collects and maintains statistics, including IP addresses, about visitors to the Site in order to trace the total number of visitors to the Site and to specific parts of the Site. CJM may also use IP addresses to more clearly determine how visitors travel to, through and among CJM sites to help improve various components of the sites, including flow and content. Such statistics will not be shared with third parties.

b. CJM reserves the right to collect, use and forward to any or all of its user groups information obtained from employment or volunteer application forms contained on this Site and to provide such information to any relevant law enforcement authority or to any appropriate children’s protection agency. If CJM receives any communication or personal information from a person it believes to be a minor, CJM will not collect or distribute (including any distribution to our user groups) information except (i) with verifiable consent of a parent or legal guardian, (ii) to the minor’s parent or legal guardian, (iii) to respond to a specific question or request of the minor, (iv) to the extent we believe is reasonably necessary or legally required to an appropriate law enforcement agency or children’s protective authority.

5. Warranties and Disclaimers

a. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CJM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR INFORMATION ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR INFORMATION OR ON ANY SITES LINKED TO THIS SITE. NEITHER CJM NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

b. Further to 5(a), the information presented on or through the Site is made available solely for general information purposes. Any reliance You place on such information is strictly at Your own risk. CJM disclaims all liability and responsibility arising from any reliance placed on such Materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties. If any statements and/or opinions are expressed in these third party materials, they are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of CJM. CJM is not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

6. Limitations

IN NO EVENT WILL CJM, ITS AFFILIATES, LICENSORS, THIRD PARTY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY EVEN IF CJM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT OR DUE TO BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CJM’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. FURTHER, CJM WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY THIRD PARTY HYPERLINKED WEBSITES ACCESSED FROM THE SITE.

7. Links

a. CJM may provide links to the websites of many of its user groups and other sources of useful information. These links are provided for Your convenience only. CJM has not reviewed all of the website linked to from its Site and is not responsible for the contents of any such linked website. CJM has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to from this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

b. The inclusion of any link does not imply endorsement by CJM of the website of any opinions or views expressed by third party websites, and CJM does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites or their privacy practices. Furthermore, CJM is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such websites. Neither CJM nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.

8. Governing Law

Any claim relating to CJM, its Site, and these Terms of Use and any dispute arising therefrom or related thereto shall be governed and construed by the laws of the State of Texas without regard to its conflict of law provisions and jurisdiction for any court action in Dallas County, Texas.

9. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and CJM with respect to the Site and its use by You and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and cannot be changed or terminated orally.

10. Miscellaneous

a. CJM discourages the use of chat rooms or posting boards on other sites by children and warns children not to use such sites or to talk or disclose anything about themselves to strangers.

b. CJM operates and controls this Site from its offices at 4925 Greenville Avenue, Suite 400, Dallas, TX 75206 in the United States of America.

c. If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.