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Terms of Use   Posted  1-1-06   
(See also Privacy Statement  and Disclaimer)

General Information
The domain coloradosummercampguide.com that contains the web site information are operated by Educational Adventures America, Inc., a 501(c)3 non-profit organization. The Colorado Summer Camp Guide (CSCG), shall be referred to herein as "we", "us", or "our". Please read these terms and conditions of use carefully before using this web site. By using the CSCG web site, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the CSCG web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this web site following the posting of changes to these terms will mean you accept those changes.

Restrictions on the Use of Materials
All materials contained on CSCG's sites are the copyrighted property of Colorado Summer Camp Guide, its affiliated entities, referring entities, and/or third party licensors. All trademarks, service marks, and trade names are proprietary to CSCG, its affiliated entities, and/or third party licensors. No material from any CSCG site or any CSCG-owned material on any other Internet site may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, distributed, or commercially exploited in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any CSCG site. For purposes of these terms, the use of any such material on any other web site or computer environment is prohibited, except as expressly granted by CSCG. All trademarks, service marks, trade names and trade dress are proprietary to CSCG or its licensors.

Content Linked To/From Any CSCG Site
Please exercise discretion while browsing the Internet using any CSCG site. You should be aware that when you are on a CSCG site, you could be directed to other sites that are beyond our control. There are links to other sites from CSCG pages that take you outside of our services. For example, if you click on a logo or a link on our "Links" page, the click may take you off the CSCG site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a written agreement. It also includes other third-party links that we have provided for your convenience. 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. We reserve the right to disable links from any third party site to any CSCG site. We also reserve the exclusive right to disable links from any CSCG site to any third party site without reason or notice.

We make no representations concerning the content of sites listed on any of our pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked to or from a CSCG site. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any CSCG site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any CSCG site or third-party content on our sites. While we have made "good-faith" efforts to confirm and verify information provided in our Refer-A-Camp and Add-My-Camp online forms, we do not endorse or warrant any information, quality of experience or perceived value, and you hereby irrevocably waive any claim against CSCG 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 interaction with any camp or other third party.

Consent to E-mail Communications and Opting Out
By subscribing (or opting-in) to a CSCG electronic service, you are consenting to the receipt of electronic mail ("E-mail") from us. We may send you E-mails about services and products we believe may be of interest to you. You may opt-out of future E-mails about products or services by following instructions in our privacy policy, on our web site, or contained in a confirmation opt-in E-mail that you receive from us.

No Liability for Events Outside of Entities' Direct Control
CSCG, information providers, information transmitters, third party providers, and any other person involved in transmitting information will not be liable for any loss that results from a

cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, power outages, severe weather, earthquakes, other natural disasters or labor disputes. CSCG is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of CSCG's services.

Grant of License to CSCG
Any communications or material of any kind that you E-mail, post, or otherwise transmit through E-mail or via any CSCG web site, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and nonproprietary. You hereby grant a license to CSCG to reproduce, use, disclose, distribute, transmit, publish, broadcast, or post your Communications, either on CSCG's web sites or elsewhere, with no liability or obligation to you. CSCG is free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Data Transmission
You will not use any electronic communication feature of the CSCG services for any purpose that is unlawful, discriminatory, abusive, harassing, libelous, defamatory, obscene, or threatening. You will not use the services to solicit CSCG members or others or participate in the solicitation of CSCG members or others for any purpose.
You will not upload, post, reproduce, or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You agree to be bound by any affirmation, assent, or agreement you transmit through the services you access by computer, including but not limited to any consent you give to receive communications from us through electronic transmission. You agree that, when in the future you click on an "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Limitation of Liability and Indemnification
You agree to indemnify and hold CSCG, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees (including third party providers) harmless from any claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of a violation of this Agreement, state or federal laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will CSCG, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees be liable for any damages of any kind that result from the use of, or the inability to use, any CSCG service, site, or materials, even if a CSCG-authorized representative has been advised of the possibility of such damages. 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, if any, for accessing any CSCG site.

Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all CSCG sites. Your access to any and all CSCG sites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these CSCG Terms of Use. Upon termination, you must cease and desist from accessing or using all CSCG sites.

Governing Law
This agreement and all future agreements you shall enter into with CSCG, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Colorado, County of Jefferson, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with CSCG in Colorado or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Jefferson,  Colorado. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.