Website Terms of Use

Kampgrounds of America, Inc. (“KOA”) is pleased to make the website and services located at koa.com (the “Site”) available for your use and benefit. The following are terms of a legal agreement between you and KOA. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with KOA, unless otherwise directed by KOA. If you breach any of the terms and conditions in these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of any hyperlinks to this Site.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with KOA and use a login page, which is a part of the Site, and you must agree to be bound by any additional applicable terms and conditions (including this Terms of Use agreement).

Limitations on Use of Content

All content, data and material contained on the Site are protected by one or more copyrights, trademarks, patents, trade secrets, or other proprietary rights owned or licensed by KOA and which are protected under the laws of the State of Montana, the United States, foreign jurisdictions, or international treaties.

You may not copy, modify, or retransmit any portion or element of the Site or any of its content via any means. This Site, its content, and all related rights are KOA’s exclusive property or the property of the licensors of such content, unless otherwise expressly agreed in writing by KOA. Without KOA’s prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.

Prohibited Activities and Visitor Obligations

As a visitor to this Site, you must not:

  • violate any applicable local, state, national or international statute, regulation, or law;
  • upload, post, use, or otherwise make available any content or information that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
  • upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
  • upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of the Site by other users;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, or “mine” the Site;
  • stalk or harass anyone;
  • collect, compile, or store personal information about other users of this Site;
  • share your password with anyone else;
  • disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
  • use this Site for commercial purposes.

You agree that you are solely responsible for any content that you upload, post, use, or otherwise make available on this Site ("User Content"). Although KOA has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, KOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By posting User Content to this Site, you represent and warrant: (a) the User Content is non-confidential; (b) you have all necessary rights to post the User Content to the Site and to grant the rights to KOA that you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Charges and Fees

You authorize KOA, and any payment processing service provider KOA may engage, to charge your credit card for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you are responsible for any and all uses of your credit card. To dispute or cancel any erroneous charge, you must contact us at questions@koa.net.

Disclaimer of Warranties

THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

KOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER KOA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

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 might have additional rights.

Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to use of this Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Under no circumstances whatsoever shall KOA's aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).

Indemnification

You agree to indemnify, defend, and hold KOA and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that KOA shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Sites

This Site may contain links to other websites. Additionally, other websites may contain links to this Site. KOA does not review or monitor the websites linked to this Site and KOA is not responsible for the contents of any other websites. Any link established by KOA does not in any respect whatsoever constitute an endorsement of the other websites or create a relationship between KOA and the operators of other websites. KOA disclaims any liability with respect to your use of any other website, and you release KOA from any liability related to your use of any link to another website or your use of any other website. Where this Site contains a link to another website owned and/or operated by KOA, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your username or password. KOA reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit content.

Changes to Terms of Use

KOA may revise these Terms of Use at any time without notice. Any use of this Site following the date on which we publish on this Site changes to these Terms of Use or the Privacy Policy constitutes your acceptance of all such changes. Except as may be required by law, you expressly agree that KOA shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Operation and Maintenance of this Site

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product or service descriptions. KOA reserves the right to discontinue the sale of any service listed on this Site at any time without notice and correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. KOA may modify, change, suspend, terminate, or discontinue the operation of this Site or the provision of any services without notice and KOA reserves the right to refuse service to anyone at any time, with or without cause.

Applicable Law & Miscellaneous

KOA make no representation or warranty that the services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by KOA to enforce any right or provision of these Terms of Use will not be construed as a waiver of such right or provision. The laws of the State of Montana govern these Terms of Use, without giving effect to any principles of conflicts of laws. For resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with KOA, venue will be in the State of Montana only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Montana. If any court holds a portion of these Terms of Use to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions to KOA

Any and all materials you send or submit to KOA or a third party provider on this Site, including, without limitation, comments, suggestions, User Content, photos, or contest or sweepstakes entries (collectively, "Submissions"), will become KOA’s property; and you hereby transfer, sell, and assign to KOA all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant KOA an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submission throughout the universe in any media, now known or hereafter devised. KOA have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. KOA shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

For questions or comments related to this Site or these Terms of Use, e-mail us at questions@koa.net.

Last updated: September 12, 2011

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