Website Terms and Conditions

Terms and Conditions of Use

1. Introduction. Thank you for visiting the HIS Camps, Inc. website (the “Website”). HIS Camps, Inc. is a Pennsylvania non-profit corporation and nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code (“we” or “us”). These Terms and Conditions of Use (the “Terms”) govern your use of any part of this Website and constitute a legal agreement between you and HIS Camps, Inc. By using this Website, you expressly accept all of the Terms, as well as all applicable laws and regulations, and our Privacy Policy located at [INSERT LINK], which is incorporated herein by reference, along with any other Terms and Conditions that may be provided in the future by us. You must not use this Website if you have any objection to any of these Terms. These Terms may be revised periodically without advance notice, and your use of the Website will be governed by any such revision if you continue to use this Website. We reserve the right, at our sole discretion, to immediately, with or without notice, suspend or terminate these Terms and/or your access to all or a portion of the Website (including if you breach of any of the provisions of these Terms). You are encouraged to review the Website and these Terms for any revisions.

2. Registration. You may visit this Website to register your child or yourself (if you are 18 years or older) for Camp Iroquoina programs and other activities that HIS Camps, Inc. may establish from time to time. As part of the registration process, you will also be asked to provide certain information about yourself, including name and email address, and you will need to create a user name and password. The username and password that you provide are your credentials (“Credentials”). You may not have more than one active set of Credentials. You are prohibited from transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. You are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately – by emailing us at info@iroquoina.org – of any unauthorized use of your account or any other breach of security.  Additionally, if you wish to make a donation, then you will need to provide additional information, as described below under “Donations and Payment Transactions.”
3. Age Requirements. This Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with the permission and supervision of your parent or guardian. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with his or her permission and under his or her supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website; if you are younger than 18 years of age, you must have your parent(s)’ or legal guardian(s)’ permission to conduct any financial transactions.
4. Intellectual Property Rights. We or our licensors own the intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all material that appear on this Website, including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit any part of this Website without express written permission from us or our licensors. The compilation (meaning the collection, arrangement and assembly) of all Website material is also the exclusive property of HIS Camps, Inc. and is protected by U.S. and international copyright laws. Any unauthorized use of any material from this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Copyright Notice

In accordance with Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe that any material in this Website violates or infringes your intellectual property rights or another person or entity’s intellectual property rights under Title 17, United States Code, Section 512(c)(2), please contact the DMCA agent designated below with the following information:

• Provide sufficient information to enable us to contact you regarding your complaint, including your name, address, telephone number and e-mail address, if available.
• Identify the work that you claim is being infringed on by this Website and describe with specificity the material and the location of the material that is causing such infringement.
• State that you have a good-faith belief that use of the material or the work in question is not authorized by the copyright owner, its agent or the law.
• State that the information in this notification is accurate and under penalty of perjury that you either own the copyright (or an exclusive right under the copyright) in the work that you claim is being infringed or that you have been authorized by the copyright owner to take action.
• Provide your physical or electronic signature.

Designated agent for DMCA:

Randy Hulshizer
His Camps, Inc. (DBA Camp Iroquoina)
2341 Camp Road
Hallstead, PA 18822-9748
(570) 967-2577
campmanager@iroquoina.org

Limited License

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website, but not to download or modify any portion of it, except with express written consent or as otherwise explicitly permitted. No right, title, or interest in any of the Website material will be granted or transferred to you as a result of any permitted use of such content. We retain all right, title, and interest in this Website and any content on this Website, including any and all intellectual property rights, and reserves all rights not expressly granted. Any unauthorized use of this Website by you terminates your limited license.

5. Donations and Payment Transactions. This Website provides you with the opportunity to make one or more donations to support HIS Camps, Inc. HIS Camps, Inc. is a 501(c)(3) organization eligible to receive tax-deductible contributions. Donations made on the Website in support of the HIS Camps, Inc. are complete and final charitable gifts and are not refundable. You are solely responsible for determining the tax deductibility of any contribution. Only the authorized credit card holder may donate on this Website.

A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates American Express, Visa, and MasterCard usage agreements. We may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks with access to the Website for the authorized credit card holder to utilize in order to make a donation. In so doing, we engage the services of a third party vendor to process all donations, including managing the routing of applicable customer information through the credit card and electronic check processing networks. We are not affiliated with these providers, and we are not responsible in any way for the actions or performance (or lack thereof) of any of these providers. Accordingly, we expressly disclaim responsibility and liability for all services provided by any such providers, including those related to donation and payment transactions, and you hereby agree that we will not be responsible for any loss or damage of any sort incurred as a result of such services.

Please also note that these providers will have access to the information you provide to them when making a donation/payment transaction, and the use of such information will be governed by the privacy practices and policies of such providers. You hereby acknowledge and agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions final and non-refundable. With respect to items sold on our interactive online store, we cannot confirm the price of an item until you order. Despite our best efforts, it is possible that one or more items in our catalog may be mispriced. If you have any questions regarding any payment transaction, please contact us by phone at (570) 967-2577 or by email at info@iroquoina.org.

6. Refund Policy. A nonrefundable deposit is due with all registrations. The deposit will be credited toward the camp fee owed. Requests for refunds will be at the discretion of HIS Camps, Inc. and will be handled on a case by case basis.
7. Prohibited Use. You acknowledge and agree that you will not engage in any conduct, use or attempt to use this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information that we do not intend to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by us. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any representative of HIS Camps, Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity; c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; h) violate any applicable local, state, national or international law; i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) delete or revise any material posted by any other person or entity; k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage at www.iroquoina.org in accordance with the limited license and site access outlined above; l) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; m) harvest or otherwise collect information about others, including e-mail addresses; or n) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any material or information on this Website. We reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, but not limited to, the suspension or termination of the user’s access and/or account. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

8. Limitation of liability. In no event are we or any of our officers, directors, employees, agents, or affiliated entities, liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, or for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

9. 9. Monitoring; Enforcement. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violations of the Website policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website). We may also investigate, in its sole discretion, the use of any credit card by a user registered to make a purchase, and take such action as we deem appropriate, including without limitation, contacting the individual using such card and/or deactivating a user’s account. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

10. Links to Third Party Websites. This Website may contain hyperlinks to other websites that are owned and operated by third parties that we do not control. We are not responsible for the content or accuracy of any content on these sites, including any advertisements, products for sale, or services. We are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by your use of or your reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any third party website, or the privacy practices of any third party website.

11. Service provided in the United States; Compliance with Laws. This Website is hosted in the United States. If you are a non-U.S. user of this Website, you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained in this Website is legal in any jurisdiction outside the United States. This Website is not intended for access or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. You acknowledge and agree that you are choosing to access the Website on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use.

12. General Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. WE MAKE NO WARRANTY THAT THE INFORMATION IS ACCURATE, TIMELY, NON-OFFENSIVE, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE ADDRESSED OR CORRECTED. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US OR ANY AFFILIATED ENTITY DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Indemnification. You agree to indemnify us and our officers, directors, and employees, and our affiliated entities, to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. This provision will survive the termination of the Terms.

14. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

15. Variation of Terms. We are permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

16. Assignment. We will be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

17. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Pennsylvania for the resolution of any disputes.

18. Dispute Resolution. You and we agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Other than disputes involving intellectual property, any dispute or claim that you and we cannot resolve amicably and privately will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to HIS Camps, Inc. at our address in the “Contact Us” section below. The arbitration will be conducted by the Institute for Christian Conciliation (ICC), a division of Peacemaker Ministries, Inc., under its Rules of Procedure of Christian Conciliation. The ICC’s rules are available at www.peacemaker.net.

You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

19. Notices. Any notices to you from us regarding the Website or these Terms will be posted on this Website or made by e-mail or regular mail. When you use this Website, or send e-mails, text messages, and other communications from your desktop, laptop, or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Privacy Policy. Our Privacy Policy, located at [INSERT LINK] describes the details of our information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Privacy Policy.

21. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between you and us in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Contact Us:  HIS Camps, Inc.| 2341 Camp Road, Hallstead, PA 18822-9748 | (570) 967-2577 | email: info@iroquoina.org

Terms and Conditions of Use Last Updated on: March 3, 2018

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