OVERVIEW
Welcome to UltraCamp! The services provided hereunder are provided by UltraCamp, LLC (“UltraCamp,” “us,” “our,” or “we”). This End User License Agreement (“EULA“) sets forth the terms and conditions under which you are authorized to use services provided by UltraCamp (collectively, the “Services“)..
To the extent additional rules or guidelines affect your use of our Services, those rules and guidelines (including our Privacy and Security Policy) are hereby incorporated by reference into this EULA. By using any of our Services, you agree to this EULA.
USE OF THE SERVICES
You shall (i) be responsible for your compliance with this EULA, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and the means by which you acquired Your Data, (iii) use reasonable efforts to prevent unauthorized access to or use of the Services by, through or under you or your identifications, passwords or other credentials, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with all applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit malicious code of any kind, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. “Your Data” means all data and information collected by or provided to us in connection with your access to or use of the Services, including, without limitation, your account and usage information, any legal, financial, or personal information, and any other data or information collected by us from you and any information provided by you when using the Services. “Users” means individuals who are authorized to use the Services and who have been supplied user identifications, passwords or other credentials required to access the Services.
You agree not to use the Services in a manner that will:
violate any applicable local, state, national, or international law or regulation;
collect or store personal data about other users of our Services or solicit personal information from any individual without proper rights or consent of the individual;
send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by UltraCamp in its sole discretion;
infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a legal right to make available;
promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
disrupt or interfere with the security or use of the Services or any websites or content linked to them;
interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses,
harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) UltraCamp or create or use a false identity;
attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access; use any meta tags or any other “hidden text” utilizing UltraCamp name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or assist any third party in engaging in any activity prohibited by this EULA.
Without our written consent, you may not:
reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any UltraCamp content or any use of or access to the Services;
use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
access the Services to build a competitive service or to benchmark with a non-UltraCamp service; or
Further, if you are a “covered entity,” “business associate,” or representative thereof, as those terms are defined by the Department of Health and Human Services at CFR Title 45 § 160.103 (“Title 45”), you agree that you will not use any component, function, or other facility of the UltraCamp Services to create, receive, maintain, or transmit any “protected health information” as defined in Title 45. You further agree not to use the Services in any manner that would render UltraCamp or any of its affiliates a “business associate” to you or any third party under the Health Insurance Portability and Accountability Act (“HIPAA”).
We may use, copy, disclose, distribute, license, and transfer Your Data: (i) for our business purposes in connection with providing the Services, (ii) at your direction or with your consent (including based on preferences you select, disclosures you make, or individuals you designate to receive any of Your Data), and (iii) to comply with any applicable law or court order. We may engage certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Services, and you hereby authorize the use of Your Data by Service Providers in connection with provision of the Services and for our business purposes, including with respect to storing, accessing, and/or processing Your Data.
DATA COMPLIANCE
As part of registration, you will be asked to provide certain data about yourself and your camper(s), including Personal Data (as defined in our Privacy Policy) and sensitive health or financial information. By providing this data, you represent that the data is true, accurate, current and complete, and you agree to maintain and promptly update the user data to keep it true, accurate, current and complete.
UltraCamp may process this data as set forth in the UltraCamp Privacy Policy, including (without limitation) by disclosing such information to a Client and the Client’s authorized users, medical personnel, and others third parties who may disclose and/or use the information for diagnosis, treatment and other lawful purposes. By providing such data, you represent and warrant that you have all necessary right, title, and interest (including any consent or other lawful basis) necessary to provide such data to UltraCamp and any third-party recipients for these and any other applicable purposes described in our Privacy Policy.
Our Service is not directed at children under the age of 16. UltraCamp complies with the Children’s Online Privacy Protection Act and other applicable law and does not knowingly permit registration or submission of Personal Information by anyone less than 16 years of age. By providing any Personal Data, you represent that you are the parent or legal guardian of anyone under age 16 about whom such Personal Data relates.
Please review our Privacy and Security Policy for more information about the rights you grant to UltraCamp, and your rights and obligations with respect to Personal Data.
THIRD-PARTY SERVICES AND CONTENT
We provide our Services on behalf of our third party camps and other clients (“Clients“) and may use third party service providers in order to provide features or services to you. Your interactions with, and use of features and other content or services provided by, third parties are not governed by this EULA. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge and agree that any reliance on representations and warranties provided by any party other than UltraCamp will be at your own risk. You expressly agree to hold us harmless for any claims or damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.
PROPRIETARY RIGHTS
All content, copyrights and other intellectual property rights in the content available through the Services, including without limitation software, design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content“), are owned by UltraCamp, with all rights reserved, or in some cases may be licensed to UltraCamp by third parties. This Content is protected by the intellectual property rights of UltraCamp or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with UltraCamp.
CONTENT COMPLAINTS
If you believe that any Content on our Services violates this EULA or is otherwise inappropriate, please report the Content by contacting us by mail at UltraCamp, Attn: CFO, LLC 5766 Central Avenue, Suite 200, Boulder, Colorado 80301
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find Content posted on our Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact UltraCamp’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
a description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material;
your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
UltraCamp ATTN:Compliance
5766 Central Avenue, Suite 200
E-mail:subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of UltraCamp to terminate use of our Services by repeat infringers in appropriate circumstances.
MODIFICATIONS AND INTERRUPTION TO THE SERVICES
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
YOUR ACCOUNT
As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country. By registering as a user, YOU REPRESENT THAT YOU ARE AGE 16 OR OLDER. People under the age of 16 are prohibited from registering. UltraCamp reserves the right to terminate any account with or without reason at any time.
You will set a password for your account, and you agree to protect and safeguard it against unauthorized use. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You agree to exit from your account at the end of each
session and agree not to share your login credentials with any third parties without UltraCamp’s authorization.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, IF CONDUCTED
THROUGH YOUR ACCOUNT. UltraCamp is not liable for any harm you may incur as a result of someone else using your password or account, either with or without your knowledge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ULTRACAMP, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ULTRACAMP PARTIES“) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, RELATED TO OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES OR THE SERVICES OF ANY THIRD PARTY SERVICE PROVIDER IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ULTRACAMP PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE ULTRACAMP PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES OR
OF THE SERVICES OF ANY THIRD PARTY SERVICE PROVIDER OR THEIR USE OF YOUR DATA OR INFORMATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY ULTRACAMP PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE ULTRACAMP PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. To the extent permitted by law, if applicable, you expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE ULTRACAMP PARTIES’S TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ULTRACAMP .
INDEMNIFICATION
You agree to indemnify and hold the UltraCamp Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of our Services, including without limitation your actual or alleged violation of this EULA, or infringement of a third party’s intellectual property or other rights by you or another user of our Services using your computer, mobile device or account.
USER-SUBMITTED CONTENT
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation blog comments, message board posts, and any other Content which does not originate with UltraCamp (“User Content“), is the sole responsibility of the person who made such User Content available on the Services. This includes any personal information that reveals or discloses political beliefs, religious beliefs, sexual orientation, or any similar sensitive personal data.
Inappropriate content should never be uploaded, posted, or submitted by users of the Services. Under no circumstances will UltraCamp be liable in any way for any User Content made available through this Services by you or any third party.
Since UltraCamp does not control the User Content posted on the Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Services, you may encounter Content that you may consider to be objectionable. UltraCamp has no responsibility for any User Content, including without limitation any errors or omissions therein. UltraCamp is not liable for any loss or damage of any kind incurred as a result of any User Content on the Services.
User Content is owned by the author thereof, and UltraCamp does not claim ownership of original works created and posted by individual users of the Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Services, you are granting UltraCamp, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
UltraCamp reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Services. You agree that the exercise by UltraCamp of such discretion shall not convert or transform User Content to Content owned or provided by UltraCamp, and the user who made such User Content available on the Services will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any Content or information that the minor has posted on our Services. To request the removal of Content or information you have posted on our Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the Content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the Content or information you have posted on our Services.
TERM AND TERMINATION
This Agreement commences on the date you accept it and continues until the applicable account and use of the Services granted in accordance this EULA have expired or been terminated. We reserve the right to discontinue, suspend, terminate or block your (or any User’s) use of the Services upon any breach of this EULA by you at any time.
PROVIDING FEEDBACK TO ULTRACAMP
We welcome your comments and feedback about our Services. All information and materials submitted to UltraCamp through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Services or the business of UltraCamp (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but UltraCamp reserves the right to treat any such Feedback as the confidential information of UltraCamp.
By submitting Feedback to UltraCamp, you assign to the UltraCamp Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The UltraCamp Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
GOVERNING LAWS
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. By use of the Service, you irrevocably agree that any legal or equitable action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the Federal or state courts in the County of Denver in the State of Colorado, where you consent to jurisdiction and venue and service of process by any means permitted therein. YOU IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Any failure
of UltraCamp to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update this EULA without prior notice. You are encouraged to check this page regularly for changes to this EULA. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend this EULA.
OTHER TERMS
If any provision of this EULA is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of UltraCamp.
You agree that this EULA and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. This EULA shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to the Services.
You agree and understand that this EULA, together with any other applicable agreements you may have entered into regarding our Services, constitutes the entire agreement between you and UltraCamp regarding your use of the Services, and that any other prior agreements between you and UltraCamp are superseded by this EULA.
Any failure by UltraCamp to exercise its rights under this EULA or to enforce the terms hereof will not constitute a waiver of those rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our
Services or relating to this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may not assign, sublicense, or otherwise transfer this EULA, or any of your rights or obligations under this EULA without our prior written consent.
You shall pay on demand all of our reasonable attorney fees in connection with any action brought by us to enforce our rights under this Agreement.
CONTACT US
If you have any questions about this EULA, please feel free to contact us at (
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.