Terms of Use

Welcome to Kids Camping Essentials!  This page is to provide the guidelines for using our site, whether you are a camp director, camping company manager, parent, camper or just a visitor who is browsing.

Last Updated: July 3, 2019

Welcome to https://kidscampingessentials.com (the ‘Site’), owned and operated by Kids Camping Essentials LLC (‘KCE,’ ‘us’ or ‘we’). Please review the following Terms of Service (‘Terms’) and our Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. These Terms govern your visit to and use of the Site and your use of the related products and services available on or through the Site (the ‘Services’). 

Your agreement with us includes these Terms and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to pursuant to special offers by KCE, are referred to together as the ’Agreements’.)

Please read the Agreements carefully. They cover important information about future changes to the Agreements, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

The use of our Site indicates your unconditional acceptance of these Agreements. We reserve the right, in our sole discretion to update or revise these Agreements. Your continued use of our Site following the posting of any changes to the Agreements constitutes acceptance of those changes.

Use of the Site:

You may use the Site only in accordance with and subject to these Terms and the Site’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity of other activity which infringes the rights of KCE, or others. Notwithstanding any other rights or restrictions in these Terms, you may not use this Site to:

  • Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
  • Introduce to the Site or any other computer or Site viruses, worms, Trojan horses and /or harmful codes.
  • Obtain unauthorized access to any computer system.
  • Impersonate any other person including but not limited to, a registered user of this Site or an employee of KCE.
  • Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
  • Misrepresent the identity of a user or use a false e-mail address.
  • Tamper with or obtain access to this Site or any component of this Site.
  • Conduct fraudulent activities.
  • Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

Camps submitted as a “Free” level listing will be published at KCE’ discretion.  KCE limits the number of Free listings from a camp, camp director or camp organization.  Unless approved by KCE management, the number of Free listings published for a camp, camp director or camp organization is limited to no more than 5 published listings.

KCE does not guarantee the availability of space at the kids camps listed on our site. Campers and their parents, family, or guardian is advised to contact each camp directly to learn of availability, pricing and other camp-specific information.

Please note that we are a camp listing service. We do not register campers for camp, nor do we collect information on behalf of any camps to register campers for camp. For information about specific camp privacy policies, you will need to contact such camps directly.

Proprietary Rights: 

You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of KCE and are protected by copyrights, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms is prohibited. KCE relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

Typographical Errors:

In the event a KCE product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, KCE shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. KCE shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KCE shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination:

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by KCE without notice at any time for any reason. The provisions relating to Copyrights, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User Participation:

KCE cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, KCE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, KCE reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to KCE at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by KCE in accordance with The KCE’ Privacy Policy.

User Submissions:

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. KCE will have no obligations with respect to the Communications. KCE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Links to Third-Party Websites:

No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

User Blogs, Chat Rooms, Message Boards:

KCE may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. KCE, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Submissions:

Any comments, ideas, notes, postings, messages suggestions or other communications or information posted on the Site submitted to KCE, or otherwise communicated in connection with your use of the Site (collectively, “Submissions”) shall be and remain the exclusive property of KCE with no further compensation to you. As such we will own exclusively all such rights, titles, and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO KCE CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF KCE. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO KCE THAT KCE IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY KCE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. KCE takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

Indemnification:

By using this Site, you agree to indemnify, hold harmless and defend KCE, their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. KCE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability:

IN NO EVENT SHALL KCE OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF KCE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF KCE OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO KCE IN CONNECTION WITH THE APPLICABLE EVENT OR PROMOTION RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING , IN NO EVENT SHALL KCE, OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF KCE.

You hereby acknowledge that the preceding paragraph shall apply to all content, products, and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

International Use:

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss:

The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

Claims:

Each claim or statement about the effectiveness of KCE products and/or each claim or statement comparing the effectiveness of KCE products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Affiliates:

KCE is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. KCE reserves the right to void all service, return, and other policies for orders and KCE products that were purchased through unauthorized sellers. KCE is not responsible for any representations by unauthorized sellers.

Unavailability of Site; Termination; Fraud:

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Misuse, Fraud or Misrepresentation in connection with KCE Promotions or Referral Fees for New Camp Sign-ups program:

KCE’ Referral Fees for New Camp Sign-Ups program is designed to reward Camp Directors, Camp Staff, and Camp Volunteers (“Camp Supporters”) for referring New Camps to KCE awarding the referral fees when the New Camp completes in-full the on-boarding process for New Camp sign-ups.

Accordingly, Camp Supporters are only entitled to receive referral fees upon the full completion of the KCE on-boarding process for New Camp sign-ups by a New Camp introduced for the first time to KCE by the Camp Supporter. The receipt by any referral fees by any means other than as a result of the completion in-full of the on-boarding process for KCE by a New Camp introduced to KCE by the Camp Supporter shall be a violation of these terms and conditions, shall be null and void, subject to immediate cancellation, and may subject the New Camp or Camp Supporter to civil and/or criminal penalties under applicable law.

In addition, from time to time KCE may run promotions designed to attract New Camps or increase sales. In connection with these promotions, any person that receives fees, coupons, prizes or other benefits from KCE by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any fees, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

Copyright Infringement: Notice and Take Down Procedures:

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: Kids Camping Essentials, PO Box 1576, Upland, CA 91785, [email protected].

Choice of Law, Arbitration and Venue:

This Agreement and any claim or controversy relating to or arising from the use of the Site or Services, including, but not limited to, any transactions made or entered into at the Site or Services, any information, content, products, services or promotions herein contained or provided from the Site or Services, or any functionality, software or programming contained or provided at or from the Site or Services (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.

YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of San Bernardino or, where applicable, the federal District Court sitting in the County of Los Angeles, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal court located in Los Angeles County or state court located in San Bernardino County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

BY USING THE SITE OR SERVICES IN ANY MANNER, YOU AGREE TO THE TERMS OF THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

Miscellaneous:

Unless otherwise specified herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and KCE with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and KCE with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of KCE to act with respect to a breach by you or others does not waive KCE’ right to act with respect to subsequent or similar breaches. KCE’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms of these Terms.