User Terms & Agreement
By accessing, viewing or using any part of the Site, you expressly agree to and consent to be bound by all of the terms of this Agreement. If you do not agree to all of the terms of this Agreement, you do not have KOA OA’s permission to access, view, use or link to any part of the Site. Any such unauthorized use violates KOA OA’s rights in the Site and is strictly prohibited.
If you have any questions about these terms, please contact:
Kampgrounds of America Owners Association (KOA OA)
PO Box 228, Ettrick, WI 54627
[email protected] | 608-525-2323
This Site is propriety of KOA OA and is protected by intellectual property laws. Your access to this Site is licensed and not made available unconditionally to you. Subject to the terms and limitations set forth in this Agreement, KOA OA agrees to provide you with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.
To use certain services and access certain content available on this Site, you must register with the Site and provide certain personal information.
You must also establish a personal password. Any passwords used for this Site are for individual use only.
You will be responsible for the security of your password (if any). KOA OA will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KOA OA considers insecure, KOA OA will be entitled to require the password to be changed and/or terminate your account. You agree that you will be responsible for maintaining the confidentiality of your password and for any activity of anyone gaining access through your account or by use of your login and passwords, whether or not directly authorized by you.
KOA OA is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may print or download one unmodified copy of Content from the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices.
- You may not “mirror” any Content contained on the Site on any other server without prior written permission from KOA OA and may not engage in “framing” any Content contained on the Site on or through another website without prior written permission from KOA OA.
- Except as expressly stated above, or as permitted through written agreement with KOA OA, you may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or noncommercial purposes, any Content, in whole or in part, use of the Site, and/or access to the Site.
- You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. No right to use, copy, publish, transmit or modify the copyrighted Content, message or non-literal elements of the Site including, without limitation, its “look and feel” is granted to you; all such rights are reserved exclusively to KOA OA.
Use of Site
You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that you upload, submit, post, e-mail, or otherwise transmit using the Site or services (“User Content”). Likewise, you are responsible for respecting KOA OA’s and third parties’ rights with respect to Content that appears on the Site and not to download, e-mail, or otherwise transmit such Content in violation of KOA OA’s and third parties’ rights. KOA OA IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE SITE. You agree not to engage in unacceptable use of the Site.
You agree not to:
- Submit, upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary material of any person or entity.
- Submit, upload, post, e-mail, or otherwise transmit any User Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise offensive.
- Impersonate another person or entity, including without limitation, a representative of KOA OA or its officers, directors, employees, or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or services.
- Submit, upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.
- Use the Site or services for any purpose or in any manner that violates any local, state, or federal law or regulation.
- Directly or indirectly, intentionally or otherwise disrupt or interfere with the Site or services.
- Submit, upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
- Submit, upload, post, e-mail, or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
- Use any kind of device, code or automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site to break into any of its servers, to circumvent or overcome the security features of the Site or any other KOA OA service.
State and Federal antitrust laws and regulations apply to any communications on the KOA OA Exchange. Your communications are your responsibility, and you should consult legal counsel with respect to your activities on this Exchange.
Without limiting the forgoing, in order to avoid illegal collusion or the appearance of such, discussion of the following topics is strictly prohibited among KOA OA members:
- Current, near-past or imminent pricing, costs or discounts.
- Profit margins.
- Credit policies or terms of sale.
- Terms offered to particular customers.
- Future business plans.
- Bidding tactics.
- Specific customers or suppliers.
- A boycott of any person or business.
- Allocation or division of markets, territories or customers.
- Wages and salaries paid by participants.
- The timing of a price increase or decrease.
- Any other competitively sensitive topic.
Please immediately inform KOA OA of any violation of this policy. KOA OA reserves the right to remove any posts it believes may be in violation of this policy. KOA OA assumes no liability for your use of this exchange or your violation of any laws or regulations, including antitrust laws.
Grant of License
In the event you post or submit User Content to the Site, you grant KOA OA and its affiliates, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display, and promote the User Content, or any part thereof, with the right to sublicense the same, in any and all formats now known or hereinafter used.
You warrant and represent that you own or otherwise control all of the rights in and to the User Content, or are otherwise authorized to reproduce and distribute the User Content and grant KOA OA the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your User Content by KOA OA will not infringe or violate the rights of any third party.
Links to other websites
The Site may include links to other websites which are not maintained by or related to KOA OA. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by KOA OA with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Hyperlinks are to be accessed at your own risk.
KOA OA makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by KOA OA of that site.
Notice of Intellectual Property Infringement or other Violations
You agree not to upload or transmit any communications or User Content of any type that infringes or violates any rights of any party. It is our policy not to permit materials made known to us to be infringing to remain on the Site. KOA OA has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site.
If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”). You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent as specified in more detail in our Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement.
Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT AND SOFTWARE WITHIN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, OR COMPATIBILITY, UPTIME, AND INFORMATIONAL CONTENT. KOA OA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO: THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE CONTENT, SITE AND SOFTWARE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THIS SITE MAY BE OUT OF DATE, AND KOA OA MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT ON THE SITE. KOA OA DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. KOA OA DOES NOT WARRANT THAT THE SITE, SOFTWARE, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THESE SITES, SOFTWARE, AND CONTENT WILL BE CORRECTED. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOA OA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, EXCEPT THAT KOA OA’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOA OA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF KOA OA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SITE, ANY WEBSITES LINKED TO OR FROM THE SITE, THE CONTENT, SOFTWARE OR OTHER INFORMATION CONTAINED IN OR ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, EXCEPT THAT KOA OA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notice of Changes
Cause for such termination shall include, but not be limited to:
(b) requests by law enforcement or other government agencies;
(c) a request by you (self-initiated account deletions);
(d) discontinuance or material modification to the Site (or any part thereof);
(e) unexpected technical or security issues or problems;
(f) engagement by you in fraudulent or illegal activities;
(g) nonpayment of any fees, if any, owed by you in connection with the Site or services offered through the Site; and/or
(h) KOA OA’s sole convenience, without obligation.
Use and Disclosure of Information
You acknowledge, consent and agree that KOA OA may access, preserve, and disclose your account information and any User Content submitted or posted to the Site if required to do so by law, by subpoena or court order, or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(c) respond to claims that any such User Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of KOA OA, its users, and the public.
Choice of Law, Jurisdiction or Venue
Severability and Integration
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Trademarks, service marks, and logos appearing in this Site are the property of KOA OA or the party that provided the trademarks, service marks, and logos to KOA OA. KOA OA and any party that provided trademarks, service marks, and logos to KOA OA retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.