TERMS AND CONDITIONS
Effective Date: August 16, 2021
These Terms Apply to all Users (Including Sellers and Buyers)
Simple Social Platforms, Inc. d/b/a Camping.Tools ("Camping.Tools") owns and operates this Camping.Tools web platform business. All references to "we", "us", “our”, this "web platform" or this "platform" shall be construed to mean Camping.Tools.
These Terms and Conditions constitutes a legally binding agreement that explains the terms and conditions that govern your access and use of this Camping.Tools web platform, including the sale and purchase of products from independent merchants via this web platform, and our online and/or mobile services, content, and software accessible via or in connection with this web platform together with any other service performed for you by Camping.Tools in connection with this Camping.Tools web platform (collectively, the “Service”).
CERTAIN SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US FROM TIME TO TIME, AND YOUR USE OF SUCH SERVICES IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE HEREBY INCORPORATED INTO THESE TERMS BY REFERENCE.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION IN SECTION 11.2 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 11.3 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
1.1 Eligibility. This is a binding contract between you and Camping.Tools. You should read and agree to these Terms before using the Camping.Tools Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Camping.Tools, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age recognized as an adult by applicable law in their jurisdiction is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Camping.Tools.
1.2 Camping.Tools Service; Termination. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for your personal, non-commercial use only and as permitted by the features of the Service. You are NOT granted ownership of any of the Services. Camping.Tools reserves all rights not expressly granted herein in the Service and the Camping.Tools Content (as defined below). Camping.Tools may terminate this license at any time for any reason or no reason.
1.3 Camping.Tools Accounts. Your Camping.Tools account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Camping.Tools account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
1.4 No Use of Another’s Account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with your account. You must notify Camping.Tools immediately of any breach of security or unauthorized use of your account. Camping.Tools will not be liable for any losses caused by any unauthorized use of your account.
1.5 Emails. By providing Camping.Tools your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, information about Camping.Tools products and special offers. If we add order fulfillment and transaction services in the future, we may also share your email address with third parties to provide you with additional information. If you do not want to receive such email messages, you may opt-out by contacting us here: support@Camping.Tools Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.6 Acceptable Use. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping;” (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Camping.Tools servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Camping.Tools grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Camping.Tools web platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents via the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes, except for authorized purchase offers by Merchants in accordance with these Terms; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service via any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.7 Accessing Audiovisual Content. Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Camping.Tools Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
1.8 Changes to the Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
1.9 Interactions with Other Users. You are solely responsible for your interactions with other Camping.Tools Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Camping.Tools shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content.
2.1 We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on or via the Service, on any of our blogs, social media accounts or via tools or applications, including any email addresses, we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, Tumblr and Pinterest, which mention Camping.Tools or any of its products (collectively “User Content”) shall be deemed non-confidential and nonproprietary. By submitting or posting any User Content, you grant to Camping.Tools and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Camping.Tools will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Camping.Tools shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Camping.Tools retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
2.2 By submitting or posting User Content on the Service, on your social media accounts or via any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older or have permission from your legal guardian; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third-party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Camping.Tools, you will furnish Camping.Tools any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Camping.Tools and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third-party.
2.3 Camping.Tools does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Camping.Tools and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Camping.Tools or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Camping.Tools has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third-party of any User Content. Camping.Tools acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Camping.Tools becomes aware of any User Content that allegedly may not conform to these Terms, Camping.Tools may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Camping.Tools has no liability or responsibility to Users for performance or nonperformance of such activities.
2.4 Camping.Tools has the absolute right to remove and/or delete without notice any User Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against Camping.Tools for such removal and/or deletion. Camping.Tools is not responsible or liable for failure to store posted content or other materials you transmit via the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other platforms or web platforms.
3. Our Proprietary Rights.
3.1 Camping.Tools Content. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Camping.Tools Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Camping.Tools and its licensors (including other Users who submit User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Camping.Tools Content. Use of the Camping.Tools Content for any purpose not expressly permitted by these Terms is strictly prohibited.
3.2 Comments and Feedback. You may choose to, or we may invite you to submit comments, feedback, testimonials or ideas about the Service, including without limitation about your experience and how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Camping.Tools under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose and publish the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Camping.Tools does not waive any rights to use similar or related ideas previously known to Camping.Tools, or developed by its employees, or obtained from sources other than you.
4. Complaints by California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
7. Third-Party Links and Information.
7.1 The Service may contain links to third-party materials that are not owned or controlled by Camping.Tools. Camping.Tools does not endorse or assume any responsibility for any such third-party platforms, information, materials, products, or services.
7.3 Additionally, your dealings with or participation in promotions of merchants on the Service, including payment and delivery of products, and any other terms (such as warranties) are solely between you and such merchants. You agree that Camping.Tools shall not be responsible for any loss or damage of any sort relating to your dealings with such merchants.
8. Your Indemnity. You agree to defend, indemnify and hold harmless Camping.Tools and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
9. No Warranties.
9.1 THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAMPING.TOOLS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CAMPING.TOOLS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
9.2 CAMPING.TOOLS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A MERCHANT OR ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CAMPING.TOOLS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9.3 FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability.
10.1 To the maximum extent permitted by applicable law, in no event shall Camping.Tools, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Service. Under no circumstances will Camping.Tools be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
10.2 To the maximum extent permitted by applicable law, Camping.Tools assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or via our Service by any third-party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. In no event shall Camping.Tools, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Camping.Tools hereunder for the three (3) months immediately prior to the accrual of the claim.
10.3 This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Camping.Tools has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
10.4 The Service is controlled and operated from facilities in the United States. Camping.Tools makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
11.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in Georgia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Georgia. These Terms shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11.2 Jurisdiction and Venue. You agree to submit to the personal jurisdiction of the U.S. District Court For The District of Georgia and to the state courts located in Cherokee County, Georgia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Cherokee County, Georgia is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
11.3 MANDATORY ARBITRATION PROVISIONS. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CAMPING.TOOLS. FOR ANY DISPUTE WITH CAMPING.TOOLS, YOU AGREE TO FIRST CONTACT US AT SUPPORT@CAMPING.TOOLS AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY. IN THE UNLIKELY EVENT THAT CAMPING.TOOLS HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER SIXTY (60) DAYS, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS PROVIDED BELOW) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THESE TERMS, OR THE BREACH OR ALLEGED BREACH THEREOF (COLLECTIVELY, “CLAIMS”), BY BINDING ARBITRATION BY JAMS, UNDER THE OPTIONAL EXPEDITED ARBITRATION PROCEDURES THEN IN EFFECT FOR JAMS, EXCEPT AS PROVIDED HEREIN. JAMS MAY BE CONTACTED AT WWW.JAMSADR.COM. THE ARBITRATION WILL BE CONDUCTED IN CHEROKEE COUNTY, GEORGIA, UNLESS YOU AND WE AGREE OTHERWISE. IF YOU ARE USING THE SERVICE FOR COMMERCIAL PURPOSES, EACH PARTY WILL BE RESPONSIBLE FOR PAYING ANY JAMS FILING, ADMINISTRATIVE AND ARBITRATOR FEES IN ACCORDANCE WITH JAMS RULES, AND THE AWARD RENDERED BY THE ARBITRATOR SHALL INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES. IF YOU ARE AN INDIVIDUAL USING THE SERVICE FOR NON-COMMERCIAL PURPOSES: (I) JAMS MAY REQUIRE YOU TO PAY A FEE FOR THE INITIATION OF YOUR CASE, UNLESS YOU APPLY FOR AND SUCCESSFULLY OBTAIN A FEE WAIVER FROM JAMS; (II) THE AWARD RENDERED BY THE ARBITRATOR MAY INCLUDE YOUR COSTS OF ARBITRATION, YOUR REASONABLE ATTORNEY’S FEES, AND YOUR REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES; AND (III) YOU MAY SUE IN A SMALL CLAIMS COURT OF COMPETENT JURISDICTION WITHOUT FIRST ENGAGING IN ARBITRATION, BUT THIS DOES NOT ABSOLVE YOU OF YOUR COMMITMENT TO ENGAGE IN THE INFORMAL DISPUTE RESOLUTION PROCESS. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING CAMPING.TOOLS FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
11.3 CLASS ACTION/JURY TRIAL WAIVER. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CAMPING.TOOLS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
12.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Camping.Tools without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.3 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Camping.Tools in connection with the Service, shall constitute the entire agreement between you and Camping.Tools concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver provisions, the entire arbitration agreement shall be unenforceable.
12.4 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Camping.Tools’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.5 Contact. Please contact us at support@Camping.Tools with any questions regarding these Terms, or as follows:
Simple Social Platforms, Inc. d/b/a Camping.Tools
Attn: Privacy Officer
310 Meadow Drive
Woodstock, GA 31188
Additional Terms for Buyers
In Addition to the General Terms, These Terms Apply to all Buyers
By shopping via the Service, you are agreeing to purchase Products from Merchants, subject to the General Terms above and these additional Buyer terms.
1.1 “Merchant” means an individual person or entity participating in this web platform as a User that is also registered and authorized to participate in the Service for purposes of offering their Products for sale to consumers located in the United States.
1.2 “Product” means product(s) that our registered Merchants offer and sell to Users via this web platform.
2. Camping.Tools is Not Your Seller.
2.1 When you purchase any Product via our Service, you will be purchasing from a participating Merchant, not from Camping.Tools. Our approval of the application of a seller to become a Merchant does not mean that we guarantee or endorse any Merchant or any content or messaging posted by Merchants, such as photos, Product descriptions and related information, and Merchant policies. Each Merchant is completely independent of us, meaning that Merchants develop their own policies, processing times and methods, and shipping policies.
2.2 You assume sole and exclusive responsibility for your purchase decisions and materials if you purchase a Product via the Service.
3. Your Purchases via the Service.
3.1 When you purchase a Product, consistent with Section 2 above, you are purchasing from an independent Merchant. Each Merchant is solely responsible for their own Product listings, messaging, Product descriptions and related information, and Merchant policies.
3.2 By making a purchase from a Merchant on the Service, you agree that you have: (i) reviewed the Product description, related information, and Merchant policies before your purchase, (ii) undertaken reasonable due diligence regarding the Product and Merchant, (iii) submitted the required payment for the Product(s) purchased, and (iv) provided accurate shipping information to the Merchant.
3.3 DISCLAIMER REGARDING MERCHANT CLAIMS. CAMPING.TOOLS DOES NOT EXAMINE PRODUCTS OR MAKE ANY DETERMINATION REGARDING (I) THE ACCURACY OR TRUTHFULLNESS OF ANY MERCHANT CLAIMS, AND (II) WHETHER SUCH CLAIMS ARE PROPERLY AND LEGALLY SUBSTANTIATED. IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO DETERMINE TO YOUR OWN SATISFACTION THAT ANY PRODUCT OFFERED ON THE CAMPING.TOOLS WEB PLATFORM IS AS REPRESENTED BY THE SELLING MERCHANT. CAMPING.TOOLS RECOMMENDS THAT YOU ASK MERCHANTS FOR SUBSTANTIATION PRIOR TO ANY PURCHASE.
4. Merchants are Solely Responsible for Product Returns. The Service does not offer or provide for Product returns. Merchants are solely and exclusively responsible for their own policies and practices regarding Product returns.
5. Merchants are Solely Responsible for Shipment. Camping.Tools is not responsible for shipment of purchased Product(s). Merchants are solely responsible for shipment of their Product(s). Camping.Tools does not guarantee the services of any shipping service, or delivery dates and times.
6. Colors and Other Features. We have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase via the Service; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.
7. Merchants have the right to limit the Product order quantity and the right to refuse to sell Products to any Buyer for any reason or no reason at all. Merchants reserve the right not to sell to resellers, dealers, or distributors.
8. No Sales to Children. The Service does not authorize the sale of Products to children, but only to persons who are recognized as an adult by applicable law in their jurisdiction and who can purchase with a credit card or other permitted payment method.
9. Offers are Subject to Change Without Notice. You acknowledge and agree that any offers made available via the Service are subject to change at any time and from time to time without notice.
Additional Terms for Merchants
In Addition to the General Terms, These Terms Apply to all Merchants
The Service is a marketplace where Merchants may sell your Products directly to Users who are consumers who are located in the United States, subject to the General Terms above and these additional Merchant terms.
1.1 “Customer Data” means all personal information and usage data collected and processed for Users associated with your Products and marketing and promotions.
1.2 “Merchant” means an individual person or entity that is registered and authorized by us to participate in the Service as a Merchant for purposes of offering their Products for sale to consumers located in the United States.
1.3 “Product” means only products that are offered and sold by registered Merchants to Users of this web platform.
2. Conditions for Participation in the Service as a Merchant. Your acceptance of the Terms means that you have agreed to the terms and conditions for participating in the Service as a User and a Merchant; however, your participation as a Merchant is subject to our prior written approval, which may be withheld or delayed in our sole discretion. This Agreement will not be legally binding unless and until we provide written notice of acceptance to you as a Merchant for the Service. You agree to our making inquiries to verify your identity and to determine the good standing of you personally and your business. You agree that we may (i) obtain your credit report for our review of your application to participate in the Service, and (ii) that we may share or report your personal and credit information to third parties.
3. Modification of Merchant Terms. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible on this page and by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
4. Registration Data. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update your Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide your Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your participation in the Service. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
5. Limited License Grant to Approved Merchant; Restrictions. Subject to the terms and conditions hereof including our approval of you as a Merchant under Section 2 of these Merchant Terms, and only for the term hereof, Camping.Tools hereby grants to you a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, limited right and license (i) to participate as a Merchant in the Service, and (ii) to display and offer your Products only for sale to consumers located in the United States. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY POTENTIAL INCOME YOU MAY MAKE.
5.1 We reserve the right to use tracking methodologies for tracking usage data on the Service and other related analytics, including without limitation, cookies, pixels, web beacons, and other tags. You are not authorized to alter, modify, obscure, or disable any of the tracking methodologies.
5.2 This Agreement does not establish you as Camping.Tools' agent or representative for any other purpose other than those purposes expressly provided herein. You are not authorized to accept orders or to enter into contracts or to create any obligation in Camping.Tools' name, or to transact any business on behalf of Camping.Tools.
5.3 The relationship of Camping.Tools and you shall be and shall at all times remain, that of independent contractors, and not that of employer and employee, franchisor and franchisee, joint venturers, or partners. No up-front payment of any fee or equivalent charge is required of you by Camping.Tools as a condition to enter into this Agreement.
5.4 We reserve the right in our sole discretion to terminate your account with Camping.Tools if your account has been inactive for at least six (6) consecutive months while there was no use of your account for transactions.
6. Customer Data.
6.2 You shall immediately notify Camping.Tools if you become aware of or suspect any unauthorized access to or use of Customer Data in your possession, and you shall cooperate with Camping.Tools in the investigation of such breach and the mitigation of any damages. You will bear all associated expenses incurred by Camping.Tools to comply with applicable laws (including without limitation, any data breach laws) or arising from any unauthorized access or acquisition of Customer Data while such data is in your possession or control. Upon termination or expiration of this Agreement, you shall, as directed by Camping.Tools, destroy or return to Camping.Tools all the Customer Data in your possession and in the possession of any third-party; however, we will provide you with a record of your basic customer transaction information for up to the past year upon your request and in compliance with applicable law.
6.3 You grant to us a non-exclusive, worldwide, royalty free, fully-paid, perpetual, irrevocable, transferable and sub-licensable right and license to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (i) your business name, name, image, likeness, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text, menu items, and any other content provided, specified, recommended, directed, authorized or approved by you for use with the Service (collectively, "Merchant IP"); and (ii) any third-party's business name, name, image, likeness, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text, menu items, and any other content provided, specified, recommended, directed, authorized or approved by you for use with the Service (collectively, "Third Party IP"), in all media or formats now known or hereafter developed. Our use of the Merchant IP and Third-Party IP is within our sole discretion.
6.4 Upon request from you, we may share the Merchant IP, Third Party IP, and certain Customer Data with third parties at your direction and to the extent we are legally allowed to share it; provided, however, you agree that such use will be governed by your agreements with those third parties, and further that Camping.Tools is not responsible for the use of such data by such third parties. If we share such information with third parties at your request, you agree to indemnify, defend, protect and hold Camping.Tools and its affiliates harmless from and against any and all third-party damages, losses, claims and expenses, including but not limited to governmental penalties and reasonable attorneys' fees, which may be asserted against or incurred by Camping.Tools or any affiliate arising out of or resulting from the sharing, use or ownership of such data.
6.5 You agree that you will not upload, submit or post any Merchant IP, Third Party IP or Customer Data to the Service unless you have the required authorization.
6.6 You acknowledge and agree that any information you transmit via the Service may be read or intercepted by others, even if such information is encrypted, and that Camping.Tools is neither responsible nor liable for any such interception, or for any resulting loss or damage.
6.8 The Service, its contents, Customer Data, usage data and any Products or services provided or sold by Camping.Tools are the sole and exclusive property of Camping.Tools, and are protected by the copyright and other intellectual property laws (collectively, the "Camping.Tools IP"). To the extent such rights do not vest in Camping.Tools by virtue of this Agreement, you hereby irrevocably assign to Camping.Tools all right, title, and interest in and to Camping.Tools IP. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Camping.Tools IP is strictly prohibited. You agree that nothing on or in the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyrighted property displayed on or in the Camping.Tools IP without the prior written permission of the copyright owner.
7. Camping.Tools Trademarks. No license is granted herein for use of our tradename or trademarks, whether registered or unregistered, including without limitation, any of our logos, trade dress graphics, page headers, or icons; however, during the term of this Agreement, you are authorized to use any materials provided by us such as banner advertisement links, button links, and/or a text links which may incorporate our tradename or trademarks, but only in the form provided by us, and only for purposes of indicating Camping.Tools as the source of origin. All other trademarks and other indicia or origin that may appear on the Service (i) are owned by third parties and not owned by us, (ii) are the property of their respective third-party owners, and (iii) are subject to the ownership and use rights of their respective third-party owners. No rights are granted by implication, estoppel or otherwise for you to use any trademarks or indicia of origin of any third parties.
8. Camping.Tools is Not Your Transactions Processor. All sales of your Products shall be between you as Merchant and the purchaser of your Products. Camping.Tools does not provide transaction processing for the purchase and sales transactions of your Products via the Service.
9. Product Display and Taxes.
9.1 We will display your Products and promotional messages on the Service in accordance with our published policies.
9.2 You are solely responsible for all taxes levied on Sales transactions, including without limitation all applicable sales taxes. You shall register for sales and use tax collection purposes with all applicable governmental agencies. You are solely responsible for ensuring that all taxes and related charges incident to any sale of your Products are paid timely and in full. We assume no responsibility for any taxes and related charges.
10. Your Promotions Restrictions and Compliance.
10.1 You acknowledge that you are solely responsible for your costs and expenses associated with your promotion of Products via the Service, including without limitation costs associated with advertising, mailing, marketing materials, and your website operations. Your financial responsibility applies regardless of whether your promotions result in sales or not.
10.2 We reserve the right to request prior review and approval of your ad copy, artwork, and branding for your promotions on the Service. Our right of prior approval shall not be construed to assume any responsibility for your compliance with all applicable laws, which is your sole responsibility.
10.3 The following are not authorized for your promotions via the Service: (i) tool bars, banner networks, news groups, chat rooms, forums, message boards, adware, pop-up/pop-under technologies, plug-ins, spyware, adware, and (ii) devices, programs, robots, iframes, hidden pictures, redirects, spiders, computer scripts or other automated, artificial or fraudulent methods.
10.4 You are not authorized to use advertisements or marketing materials that feature or utilize pornography, racially or ethnically discriminatory, political issues, software pirating or hacking, hate-mongering, gambling, pyramid schemes, multi-level (MLM), franchise, or business opportunities, or otherwise use illegal business practices or other business practices that we in our sole judgment and discretion deem to be objectionable.
10.5 We do not provide legal advice or review your promotions for legal compliance, or for any purpose. You are solely responsible for the content of your promotions. You agree that you will not promote Products with any illegal material or means, including without limitation, infringement of another’s intellectual property rights such as copyrights, trade secrets, trademarks, trade dress, rights of publicity and privacy, moral rights, and rights of attribution. You agree that you will not engage in promotions that are defamatory regarding other persons, Products, or services.
10.6 We strongly recommend that you seek legal counsel to advise you regarding your promotions via the Service. You agree that your promotions will incorporate Truth in Advertising Principles, and will not incorporate any marketing or advertising methods or claims that are false, misleading, or otherwise in violation of any applicable law or regulation, including without limitation, the Federal Trade Commission Act and regulations promulgated and enforced by the Federal Trade Commission, the Federal Communications Commission, consumer protection laws of any State in the United States, or any other regulatory body whether federal or state. In addition, you agree you will not participate in promotions that do not comply with the CAN-SPAM Act, the Telephone Consumer Protection Act and any applicable state laws regarding anti-spam, text messages and/or Do-Not-Call Registries.
10.7 You agree that you will not suggest that you are representing Camping.Tools or this Service in any way, or that you are endorsed by Camping.Tools or this website.
10.8 You are authorized to use search engine optimization and online advertising in your marketing efforts; provided, however, you are not authorized to purchase or register, any keywords, search terms or other identifiers that include any principal words in our or any Merchant’s tradename, domain name, or any of our trademarks or logos, or any variation thereof ("Proprietary Terms") for use in any search engine, portal, pay-per-click advertising service, or other search, advertising, or referral service.
11. Our Monitoring Rights; No Right to Control. You agree that we may monitor your marketing methods, procedures, and communications. Our rights to monitor do not imply, and should not be construed to grant, rights for Camping.Tools to control your marketing and promotional activities. We have no right or authority to control, nor will we exercise any purported right to control, your marketing and promotional activities.
12. Consent to Release of Information. You agree that we may provide information about you and your relationship with us (i) to any governmental or regulatory agency that is investigating your marketing methods, procedures, or communications, and (ii) to any private person or organization which we believe may have a good faith claim based on your marketing promotions, methods, procedures, or communications.
13. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
14. Merchant Representations and Warranties, and Indemnification.
14.1 You represent and warrant throughout the term of this Agreement that: (i) you have the right, power and authority to enter into this Agreement; (ii) you are registered for sales and use tax collection purposes in all states in which your Products will be provided; (iii) your marketing and sale of Products via the Service comply with all, and will not violate any, local, state or federal law, statute, rule, regulation, or order (“Laws”); (iv) you own all right, title and interest in the Merchant IP and have the right to grant the licenses in the Merchant IP and Third Party IP and your Merchant IP and Third Party IP do not and will not violate any copyright, trademark, or other intellectual property right or right of privacy or publicity of any third-party or any laws; and (v) your advertising or promotion of your Products will not constitute false, deceptive or unfair advertising or disparagement under any applicable Laws.
14.2 You agree to defend, indemnify and hold Camping.Tools, its affiliated and related entities, and any of their officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including without limitation attorney’s fees and costs) arising out of or relating to any of the following: (i) any breach or alleged breach by you of this Agreement or the representations and warranties stated above; (ii) any claim for state sales or use tax obligations (“Taxes”) arising from the sale of your Products; (iii) any claim arising out of a violation of law and/or regulation; (iv) any claim regarding infringement of intellectual property rights, including without limitation infringement claims arising out of the Merchant IP and Third Party IP; or (v) any claim arising out of or relating to your Products, including without limitation, any claims for false advertising, Product defects, personal injury, death, or property damages. Without limiting the foregoing, you shall pay any monies owed to any party, as well as all attorney’s fees, related to any action against, or determinations against, Camping.Tools related to any action to pursue us for unpaid taxes.
14.3 Upon receipt of notice a claim or action for which we are entitled to indemnification, we will: (i) promptly notify you in writing of the claim or action against which indemnification is sought under this Section; and (ii) provide you the opportunity to assume the entire defense and settlement of such claim or action at your cost and expense; provided, however, that we shall have the right to be represented separately by counsel of our own choosing at our own expense. No settlement may be consummated without our express written authorization, which shall not be unreasonably withheld or delayed.
14.4 This Section in no way limits our right to seek any other remedies available to us herein or under law to recover its costs and expenses for addressing such demands or claims.
End of Terms.