TERMS AND CONDITIONS OF USE
Welcome to our website. This website is maintained as a service to those who access the website to acquire information about Quiet Camp. Additionally, this website provides a reservation application for those wishing to reserve a campsite at Quiet Camp. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
- Agreement. This Agreement (“Agreement”) specifies the terms and conditions for access to and use of www.quietcamp.com (“Site”) and describes the terms and conditions applicable to any person which accesses or makes use of the Site (“Users”). If a User accesses and makes use of the Reservation section of the Site, there are additional terms and conditions applicable to that section; such additional terms and conditions shall supplement this Agreement, not replace this Agreement. User acknowledges that his or her access and use of the Site is voluntary, and that each instance of access and use by User shall constitute and be deemed unconditional acceptance of this Agreement.
- Ownership. All content included on this site is and shall continue to be the property of Quiet Camp, LLC, an Oregon limited liability company (“Quiet Camp”) or its content suppliers, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by User of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will User acquire any ownership rights or other interest in any content by or through User’s use of this Site.
- Intended Audience. This website is intended for adults only. Any person accessing or using the Site warrants that he or she is 16 years of age or older. Any access or use by a person under the age of 16 is hereby forbidden.
- Site Use. Quiet Camp grants User a limited, revocable, nonexclusive license to use this site solely for User’s own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. User agrees not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Quiet Camp and Quiet Camp may terminate User’s use of this website at any time. Users are prohibited from engaging in, suggesting or encouraging illegal activity in connection with the Site and Quiet Camp hereby puts Users on notice that Quiet Camp will cooperate with law enforcement officials as appropriate.
- Modification. This Agreement may be modified at any time by Quiet Camp upon posting of the modified agreement. Any such modifications shall be effective immediately. User can view the most recent version of these terms at any time here.
- Compliance with Laws. User agrees to comply with all applicable laws regarding use of the website. User further agrees that all information provided by User is truthful and accurate to the best of User’s knowledge.
- Indemnification. User agrees to indemnify, defend and hold Quiet Camp and our partners, employees, agents, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to User’s violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. USER AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. QUIET CAMP DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT USER’S JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY. USER’S SOLE AND EXCLUSIVE REMEDY RELATING TO USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. QUIET CAMP MAKES NO REPRESENTATIONS REGARDING THE FUNCTIONING OF THE SITE AND PROVIDES NO TECHNICAL SUPPORT, OF ANY TYPE, TO USERS OF THE SITE.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL QUIET CAMP BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, USER’S SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF USE OF THE SITE.
User may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to User, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply.
- Copyrights and Copyright Agent. If any person or entity believes his, her or its work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to Quiet Camp’s Agent for Service:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work being claimed as having been infringed;
(c) A description of where the material claimed as having been infringed is located on the Site;
(d) Claimants address, telephone number, and e-mail address;
(e) A statement by claimant that claimant has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by claimant, made under penalty of perjury, that the above information in claimant’s notice is accurate and that claimant is the copyright owner or authorized to act on the copyright owner’s behalf.
The identity and contact information for Quiet Camp’s Agent for Service can be found on the web site of the Oregon Secretary of State.
- Applicable Law/Attorney Fees. User agrees that the laws of the State of Oregon, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between User and Quiet Camp or its affiliates. Any action based on or alleging a breach of this Agreement or otherwise relating to this Agreement shall be brought only in a state or federal court located in Lane County, Oregon. In any such action, if Quiet Camp is the prevailing party, the other part(ies) shall be liable for all fees and costs incurred by Quiet Camp as a result of the action.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. Failure of Quiet Camp to exercise any rights under this Agreement or to enforce any provisions of this Agreement shall not be construed as a waiver of said rights or provisions
- Termination. Quiet Camp may terminate this Agreement at any time, with or without notice, for any reason.
- Personal Information collected, use thereof, and with whom it may be shared;
- Users’ choices regarding use of Personal Information;
- Security procedures used to protect Personal Information from misuse;
- How to correct inaccuracies in Personal Information;
- Security and retention of Personal Information;
- Links to other websites;
We host the Site currently on servers located within the United States, but the locations of our servers may change from time-to-time, and your Personal Information may be stored on servers located within the United States, Canada, or in another country.
INFORMATION COLLECTION, USE, AND SHARING
We may collect the Internet protocol (IP) address of User’s computer, which Users necessarily disclose when visiting the Site, so that Quiet Camp’s computer may send data (such as the web pages Users request) to Users’ computer(s). The Site may utilize “cookies,” which are anonymous, unique identifiers that web pages on the Site may use to store data on your computer or send data to our web server. We may use cookie data to “recognize” Users when visiting the Site in the future, to troubleshoot how the Site operates, and for internal analysis of how people use the Site. Should a User decide not to accept cookies from the Site, this will limit the functionality provided when visiting the Site.
We receive and may store Personal Information which Users enter on the Site or give to us in any other way, such as at the campground. For example, we may collect information that you voluntarily give us by e-mail, by conducting business with us on the Site, or by registering on the Site or in person to camp at Quiet Camp campground. If you choose to share any Personal Information with us, you will see that the amount and type of Personal Information required by us depends on the activity you are engaging in. For example, to reserve a campsite, you must provide contact information (such as name, address, and telephone number) and financial information (such as credit card number and expiration date). We use this information to bill you or to fulfill your reservation or other purchase. If we have trouble processing your reservation or other purchase, we will use this information to contact you.
We may use the Personal Information you provide for particular activities, including, without limitation, processing your reservation; processing your credit card payment; collections; customer service; marketing and research; providing services, product, promotional and other information to you with your consent; and to contact you regarding administrative notices. We may share this information with other parties with whom we collaborate to provide specific services to you. When you sign up for certain services, we will share names, or other contact information necessary for the third party to fulfill your order or intent to obtain the service or services. For example, we must release your credit card information to credit card authorization service providers and our credit card-acquiring (merchant) bank to process your payment for purchases.
We may disclose information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of our affiliates; (3) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization. Since our database is a business asset, in the event we reorganize or sell the business or agree to merge with another company, you consent to the sale, assignment, or transfer of your Personal Information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.
YOUR ACCESS TO AND CONTROL OF INFORMATION
You may opt out of any future communications from us at any time by contacting us via the e-mail address provided below and on the Site:
- See what data we have about you, if any.
- Change or correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if applicable law does not establish a time limit. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate Personal Information you discover. We reserve the right, however, to limit or deny your request, to the extent permitted by applicable law, if: (1) the disclosure may threaten the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.
We take precautions to protect your information and the security of your information is important to us. We will comply with our credit card merchant banks’ requirements for the use and storage of your credit card information, such as obligations concerning the security of your credit card numbers, as well as any laws that apply to the use and storage of that information.
Although we cannot guarantee against loss, misuse, alteration, unauthorized disclosure or destruction of data, we use commercially reasonable security measures to protect you from such occurrences. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed; and (3) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.
RETENTION OF YOUR PERSONAL INFORMATION
We keep your Personal Information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.
OUR RELATIONSHIP TO OTHER SITES THAT CAN BE ACCESSED THROUGH THIS SITE