Terms of Use

1. PRIVACY POLICY

We may collect certain information about you and from your access to and use of the Site as described in our Privacy Policy, which is incorporated into these Terms and describes our information collection, use, and sharing practices.

2. ACCESS TO THE SITE

You must be at least eighteen (18) years of age, or the age of majority in your state of residence, to purchase products or services through the Site. This Site is intended for informational and entertainment purposes for users who are at least thirteen (13) years of age. If you are between the ages of 13 and 17, please have your parent or legal guardian review and discuss these Terms of Use, Kid Camp’s Privacy Policy, and any other legal notices posted on the Site with you. If you are under thirteen (13) years of age, you may not view, access, or otherwise use this Site.

3. COMPLIANCE WITH LAWS

In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

4. RESTRICTIONS ON YOUR USE OF THE SITE

You may use this Site only for your own personal noncommercial purposes. You may download and print a copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.

You will not use the Site for any other purpose, including any commercial purpose, without Kids Camp’s express prior written consent. For example, you will not and will not authorize any other party to (a) co-brand the Site, or (b) frame the Site, or (c) hyperlink to the Site except as expressly permitted by these Terms without the express prior written permission of Kids Camp. For purposes of these Terms, “co-branding” means displaying a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Kids Camp in causing any unauthorized co-branding, framing or hyperlinking to immediately cease.

You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Kids Camp’s prior written consent.

You will not use the Site for unlawful purposes.

You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Kids Camp.

You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.

You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.

You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

5. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY INFORMATION

The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content (“Content”), and the products made available on the Site are exclusively the property of Kids Camp or, as applicable, its suppliers or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The Site, including all Content, may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Kids Camp except as may be explicitly permitted by these Terms. Neither title nor intellectual property rights are transferred to you by access to the Site.

Without limiting the generality of the foregoing, all trademarks, service marks, and logos appearing in or on the Site are the property of Kids Camp or, as applicable, its suppliers or licensors. Kids Camp and its suppliers and licensors retain all rights with respect to their respective trademarks, service marks, and logos appearing in the Site.

Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Kids Camp or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

6. YOUR ACCOUNT

You will be required to sign up for an online Kids Camp account in order to purchase products using the Site and to use other features of the Site. You will be required to submit certain information in order to set up your account and will be required to establish a password. You will not transfer your account to or share your account with any other person outside of the individuals designated in your household. Your account is personal to you. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at kidscamp@burnbootcamp.com. The Site may allow users to schedule and pay for classes and birthday parties and other products and services. Please note that any classes and birthday parties are provided by the individual location at which the classes, birthday party or other event is scheduled and may be subject to additional restrictions, requirements, cancellations and refund policies as set forth on the Site or as provided by the franchise location at which they are scheduled. By scheduling or purchasing a class, birthday party or other product and service on the site, you agree to such additional policies, to the extent they are applicable. Kids Camp reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Kids Camp to disclose the identity of Site users or to make available any materials that are believed to violate these.

7. ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION

Kids Camp may, for any reason and in its sole discretion, suspend, deactivate, or terminate your online account or your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms, upon any unauthorized use of your password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Site where that option is available, contacting us using the contact information below, or contacting the Kids Camp location. However, you understand that any User-Generated Content (as defined below) you have provided will/may remain in our back-up systems and may continue to be accessible by other Site users. Upon any termination of your account or these Terms you must immediately stop accessing and using the Site.

8. ORDER AND PAYMENT

Purchases of products made through the Site must be made by credit or debit card. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor.

9. TERMS OF SALE

All orders of products made available on or ordered using the Site are subject to this section. This section and these Terms constitute the complete and exclusive statement of the terms governing the sale of products via the Site. Your purchase of products using the Site and acceptance of products as stated below manifest your agreement with this complete and exclusive statement of terms. We reserve the right, but are not obligated to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Order Acceptance. Currently, the Site offers classes, memberships, birthday parties, and events for purchase. Additional products and services may be offered for sale in the future. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to purchase products through the Site. All orders are subject to acceptance by Kids Camp. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Kids Camp ships the products ordered, and will charge your credit or debit card upon such shipment.

No Resale. Except as expressly permitted by Kids Camp in writing, you are not permitted to resell or otherwise use the Kids Camp Camp products for commercial purposes.

Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Membership payment, event booking or one-time purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your order. If you want to change or update your payment method information, you can do so by contacting the location. If a payment is not successfully settled and you do not edit your payment method information or cancel your order, or account, as applicable, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.[LP1]

Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Kids Camp charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.

Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas. Kids Camp is not liable for any damages you may suffer as a result of any shipment delays.

Pricing. Pricing errors may occur on the Site from time to time. Kids Camp will attempt to correct all pricing errors as soon as they are discovered‚ or as soon as Kids Camp receives notice of an error, but Kids Camp is not responsible for any pricing or typographical errors on the Site. Kids Camp reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Kids Camp. Any payments you make to Kids Camp for orders that are cancelled due to pricing errors will be refunded.

DISCLAIMER OF WARRANTIES. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. KIDS CAMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM KIDS CAMP OR IN ANY MANNER FROM THE ONLINE STOREFRONT CREATES ANY WARRANTY.

10. USER-GENERATED CONTENT

The Site may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the Site, including by participating in the Site’s blog, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by Kids Camp. Kids Camp is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. Please keep in mind that the User-Generated Content you provide may be available to other the Site users as described above.

By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause Kids Camp to violate any law or regulation. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to Kids Camp below.

Please keep in mind that any User-Generated Content that you provide will be publicly available via the Site. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You will not provide any other person’s private or confidential information without that person’s permission.

User-Generated Content is not monitored. Kids Camp reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. Kids Camp also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from the Site. Kids Camp has no obligation to archive or otherwise store any User-Generated Content. Kids Camp reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including breach of these Terms.

If you delete or replace User-Generated Content that you have provided (where those options is available), you understand that it may remain in our back-up systems for a period of time and that users with whom you have shared or who have otherwise accessed that User-Generated Content may continue to have access to and use it.

If you provide User-Generated Content, you hereby grant to Kids Camp a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable, assignable, sublicensable right and license to reproduce, copy, implement, modify, adapt, reformat, publish, translate, excerpt, create derivative works of, store, distribute, publicly perform, display, license, sell, exploit, and otherwise use and distribute that User-Generated Content in any and all forms, media, technologies, and distribution methods now known or later developed, including for purposes of developing, manufacturing, and marketing products and services. You understand that Kids Camp will not be required to treat any User-Generated Content as confidential and may use any User-Generated Content in its business (including without limitation for products and advertising) without incurring any liability for royalties or any other consideration of any kind and without compensation paid to you and Kids Camp will not incur any liability as a result of any similarities that may appear in future Kids Camp operations. If you believe that anything on the Site infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Site violates a law or regulation or breaches any provision of these Terms, please notify us via email at kidscamp@burnbootcamp.com.

11. COPYRIGHT POLICY

We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

A description of the copyrighted work(s) that you claim have been infringed;

A description of the allegedly infringing material, including its location on the Site;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your email address, telephone number, and mailing address;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Kids Camp Cornelius, LLC

DMCA Agent

19826 N Cove Rd D, Cornelius, NC 28031

12. AVAILABILITY

Any programs, materials, products, or services that may be mentioned on or made available through the Site are subject to availability. Kids Camp may change the programs, materials, products, and services mentioned on the Site at any time without notice.

13. DISCLAIMER

THIS SITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR LEGAL, PROFESSIONAL, MEDICAL OR OTHER HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT AND MAY NOT BE USED FOR ANY SUCH PURPOSES.

YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE FOREGOING, KIDS CAMP IS NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL COMPONENTS, MALICIOUS CODE, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SITE INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SITE.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT KIDS CAMP AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KIDS CAMP AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THIS SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS. KIDS CAMP DOES NOT ENDORSE, GUARANTE, OR IS RESPONSIBLE FOR THE ACCURACY, VERACITY, OR EFFICACY OF ANY CONTENT, INFORMATION OR POSTINGS GENERATED BY OUR USERS.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIDS CAMP, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONSULTANTS, SUPPLIERS, AGENTS, OR REPRESENTATIVES (TOGETHER, “KIDS CAMP PARTIES”) BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PRODUCTS MADE AVAILABLE THROUGH THE SITE, AND YOUR ACCESS TO, ORDER OF, OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR THE PRODUCTS, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND SIMILAR DAMAGES, OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM KIDS CAMP, OR FROM EVENTS BEYOND KIDS CAMP’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF A KIDS CAMP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE. YOU, AND NOT KIDS CAMP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND THE PRODUCTS.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KIDS CAMP PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO KIDS CAMP BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. INDEMNITY

You will indemnify, defend, and hold harmless Kids Camp Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site or any products made available through the Site, (b) any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms, (c) your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, (d) your purchase of products using the Site, or (e) your submission of User-Generated Content. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. You agree that the Kids Camp Parties will have no liability in connection with any such claims or losses.

16. THIRD-PARTY TOOLS AND WEBSITES

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). This Site may link to or be linked to websites not maintained by, controlled by, or related to Kids Camp. Those links are provided as a convenience and are not sponsored by or affiliated with the Site or Kids Camp. Kids Camp is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Third-party websites are to be accessed at your own risk and Kids Camp makes no representations or warranties about the content, completeness or accuracy of those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

17. LINKING TO THE SITE

If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from Kids Camp, in which case you may use any graphic badge provided by Kids Camp to link to the Site, and, in any case, the link must be and clearly marked; (b) the link must point to the Kids Camp website and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Kids Camp’s names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Kids Camp; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. Kids Camp reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

18. FEEDBACK

Kids Camp welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

19. ASSIGNMENT

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.

20. GOVERNING LAW

These Terms are governed by and interpreted pursuant to the laws of North Carolina, United States of America, without regard for its principles of conflict of law. The parties agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state or federal courts, as applicable, located in Charlotte, North Carolina, unless otherwise determined by Kids Camp in its sole discretion. You specifically consent to exclusive personal jurisdiction in Charlotte, North Carolina, in connection with any dispute between you and Kids Camp arising out of these Terms or pertaining to the subject matter hereof. You will not bring any action or other claim with respect to the Site more than one year after the claim arises.

21. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

Please read the following paragraphs carefully because they require you to arbitrate disputes with Kids Camp and limit the manner in which you can seek relief from us.

Applicability. Any dispute, claim, or controversy arising out of or relating to the Site or these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”), will be submitted to and resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Kids Camp’s intellectual property or other proprietary rights, Kids Camp may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Kids Camp Parties; their respective predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.

Arbitrator. Arbitration proceedings will be administered by the American Arbitration Association (“AAA”) before a single arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Each party will bear its own expenses and fees (including its own attorneys’ fees and costs) arising from any arbitration unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse the Kids Camp Parties for certain fees and expenses in accordance with the applicable AAA rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.

Place; Federal Arbitration Act. The seat of the arbitration shall be Charlotte, Mecklenburg County, North Carolina, unless otherwise agreed to in writing by all parties to the arbitration. Judgment upon any award rendered in any such arbitration may be entered in a court of competent jurisdiction. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.

Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.

22. INTERPRETATION

These Terms, including our Privacy Policy, constitute the entire agreement between you and Kids Camp relating to your access to and use of the Site (including your purchase of products using the Site). Kids Camp’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Kids Camp. If any part of these Terms is held unlawful, void or unenforceable, that part will be severed from the remaining provision and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Kids Camp’s successors and assigns.

23. SURVIVAL

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

24. ELECTRONIC COMMUNICATIONS

These Terms and any other documentation, agreements, notices, or communications between you and Kids Camp may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

25. CONTACT US

Please direct any questions and concerns regarding these Terms to us by email at kidscamp@burnbootcamp.com, or by mail at Kids Camp Cornelius, LLC d/b/a Kids Camp, 19826 N Cove Rd D, Cornelius, NC 28031.