My Online Camp

TERMS OF USE

Last updated and effective date: 1.3.2017

These Terms of Use apply to Ryzer.com and MyOnlineCamp.com, as well as any other affiliated sites (defined as "Websites" below), digital services, widgets, or mobile applications on which an authorized link to these Terms of Use appears (collectively, "the Site"). As used herein, the terms "we", "us", "our" or "CMS" refer to Camp Marketing Services, LLC, the owner of Ryzer.com and MyOnlineCamp.com. These Terms of Use apply to all Users and visitors of the Site (which shall include natural persons and representatives of all legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).

These Terms of Use may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of the Site is subject to the Terms of Use then in effect. Continued access to the Site by you following any modification in the Terms of Use will constitute your acceptance of the Terms of Use as modified. If you do not agree to be bound by all of the terms set forth below, do not use the Site.

These Terms of Use form a legally binding agreement between you and us.

DEFINITIONS

The term, "Event Operator", means the person(s), entity, program, or institution that is sponsoring an event registered through MyOnlineCamp.com and/or posted or sent through Ryzer.com or the Ryzer mobile application.

The term, "User", is a registered user of a particular site within the Site, including Event Operators.

The term, "visitor", is an unregistered user of a particular site within the Site.

As used here, "you" means any User or visitor of the Site, including an Event Operator, each of which is deemed to have read, understood and agreed to the Terms of Use.

ABOUT US

Ryzer is a web and mobile alert system that provides Users timely and relevant notifications of youth and other events that meet User-specific interest criteria.

MyOnlineCamp.com is an online registration service for sports camps and other events, providing a combination of event web site development, online registration service, and custom reporting and management tools.

PRIVACY

These Terms of Use incorporate by reference CMS's Privacy Policy, which may be modified from time to time. Accordingly, CMS's Privacy Policy also governs your use of the Site. A current version of the Privacy Policy is available here.

CONSENT TO COMMUNICATIONS

You consent to CMS sending communications to you. You authorize us to provide communications to you by email, mobile phone, telephone, and/or by mail. In addition, based on the notification preferences you select within your account, CMS may send you email and/or text messages to alert you of upcoming events that meet your relevancy criteria (e.g. activity type, age, gender, past participation, geographic distance, etc.). Your mobile carrier may have network congestion or other processing errors that may result in text message delays and/or failures to deliver. CMS services using text message functions are provided "as is" and CMS will not be responsible for any delays and/or delivery failures of text messaging. If you select to be alerted by text messages, standard data messaging rates may apply. If applicable, these rates will be charged by your mobile carrier. You are responsible for updating your account information in the event you change or deactivate your phone number. If you fail to do so, you may miss alerts we send you and a message intended for you may be sent to the party that obtains your old number.

INTELLECTUAL PROPERTY RIGHTS: COPYRIGHT, TRADEMARK, PATENTS

Copyrights

All materials contained in the Site, including code language, mobile applications, software, text, videos, photographs, images, logos, sound files and other materials (collectively, Content), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either CMS or, in the case of content licensed by CMS from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms of Use. You may view freely-accessible Content from the Site for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. If you violate these Terms of Use, your permission to access the Site terminates and you must immediately destroy any copies you have made of the Content.

CMS does not permit infringement of intellectual property rights on the Site. If you believe that any Content on the Site infringes your copyright or other intellectual-property rights, you may notify CMS by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, to CMS at customerservice@myonlinecamp.com or by mail to My Online Camp, 1920 Philadelphia St., Suite 104, Ames, Iowa 50010. At a minimum, your correspondence should include the following:

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

B. A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;

C. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

D. 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;

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

F. Your address, telephone number, and e-mail address.

Trademarks

Ryzer™, Ryzer.com™, My Online Camp™, and MyOnlineCamp.com™ are trademarks of CMS. All graphics, logos, page headers, scripts, and trade or service names included in the Site are trademarks or trade dress of CMS or its third-party content providers. CMS's trademarks or trade dress may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any form without the express prior written consent of CMS. All other trademarks not owned by CMS that are displayed on the Site are the property of their respective owners and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any form without the express prior written consent of their respective owners.

Patents

CMS technology and products, including features that may be available on the Site, are protected by one or more patent pending features. Your access to and use of the Site must not encroach upon or otherwise violate CMS's patent rights. International patents and patents pending may also be applicable in their respective countries.

LIMITED LICENSE AND ACCESS

Except as may be applicable in Supplemental Provisions MOC or Supplemental Provisions Ryzer below and subject to your compliance with these Terms of Use, CMS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site for personal, non-commercial purposes. In no event shall you make any derivative use of the Site, access or manipulate any of the Site for the benefit of a commercial use, utilize data mining, robots, or other data extraction tools against the Site, or attempt to reverse engineer or otherwise deconstruct any Content or feature of the Site. You are expressly prohibited from using hidden text of any kind. CMS and its third-party content providers reserve all rights not expressly granted to you under this license. Importantly, this license does not include any right of collection, aggregation, copying, or duplication. The license granted to you under this Section shall terminate if you violate these Terms of Use.

Ryzer.com Free Access

Although CMS does not currently charge visitors to use Ryzer.com features, CMS does not guarantee Ryzer.com services will always be free or void of advertisements. In the event that CMS charges for Ryzer.com services, including premium content that may be added, and you choose to utilize those services, you authorize CMS and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to the Site. CMS will not process refunds under any circumstances. In all cases, refunds will be subject to the policies of the Event Operator. At this time, Event Operators offering registration through the Site do not offer refunds unless otherwise stated in a specific Event offering.

Refund Policy for Event Participants

If you enroll for an Event that uses MyOnlineCamp.com, by clicking the "Submit Payment" button on the registration page, you agree your credit/debit card will be charged the amount listed. Please note on your credit/debit card statement this charge will appear under the name of the Event Operator under the following format: "MOC*Event-Organizer-Name"

CMS does NOT process refunds of its fees under any circumstances, whether through the Site or otherwise. CMS may charge a fee for the service it provides when you register for an Event through the Site. Any such processing fee is non-refundable.

Event Operators who offer registration via MyOnlineCamp.com do not offer refunds, unless otherwise stated in a specific Event offering. The exact amount depends on the current and specific cancellation and/or refund policies of the Event Operator.

EVENT AFFILIATION DISCLAIMER

YOU ACKNOWLEDGE THAT CMS IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY EVENT OPERATOR. THE FACT THAT CMS LICENSES THE SITE TO AN EVENT OPERATOR IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, AND/OR PARTNERSHIP WITH SUCH EVENT OPERATOR. CMS licenses the Site to the Event Operator and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of the Event Operator. CMS does not endorse any Event Operator over another. By clicking to register with an Event Operator or using any features of the Site, you expressly relieve CMS from any and all liability arising from your use of the Site, participation at the Event Operator's event ("Event"), or from the content of any third-party website that may be linked to the Site. Without limiting the generality of the foregoing sentence, you acknowledge CMS has no responsibility for the quality, safety or legality of an Event, products and/or services associated with an Event, the truth or accuracy of Event content displayed on the Site by an Even Operator, including guarantees asserted by Event Sponsor, any commitments made by an Event Sponsor, and the value or fulfillment of any obligation between an Event Sponsor and you. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. CMS advises you to read and be aware of all Terms of Use that apply to any Event prior to registering for it.

SITE PROVIDED AS-IS, AS-AVAILABLE

A. The materials comprising the Site are provided by CMS as a service to you on an as-is, as-available basis. While CMS aims to maintain the Site error-free and safe, you acknowledge that you are using the Site at your own risk.

B. CMS assumes no responsibility for any errors or omissions in the Content or other materials comprising the Site, including errors or omissions associated with Event notifications delivered to you via Ryzer.com and/or its mobile application. We attempt to make Ryzer alerts tailored to the primary audience anticipated to attend the Event. While CMS seeks to provide the most responsive, current, and relevant information to its Users, it cannot commit to precise intervals at which information on the Site will be updated. No advice or information given by CMS or any other party on the Site shall create any warranty or liability. Further, CMS is not responsible for any content transmitted or posted to the Site by an Event Operator or a third party. Any such content does not necessarily represent the opinions, beliefs, or positions of CMS.

C. CMS periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. CMS shall have no liability for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.

D. CMS MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CMS MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, AND RELIABILITY OF THE SITE, ITS TEXT, IMAGES, GRAPHICS, LINKS TO OTHER SITES AND ANY OTHER ITEMS ON THE SITE OR ACCESSED VIA THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL CMS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOST REVENUES, LOST PROFITS, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THIS SITE, THE MATERIALS CONTAINED HEREIN, OR THE INTERNET GENERALLY. THESE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE A MATERIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CMS AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

E. CMS is not responsible for, and does not control, any Event Operator or third party content or advertisements that are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers or any Event Operator.

F. Although CMS provides rules against objectionable content, CMS does not control and is not responsible for what Users post on or through Ryzer.com and its mobile application. Accordingly, you agree CMS shall not be responsible for any offensive, obscene, unlawful, infringing, false, spam, or otherwise objectionable material you may encounter in connection with your use of Ryzer.com and/or its mobile application. In such an event, you may notify us at customerservice@myonlinecamp.com or use the "Report Abuse" link associated with the event and we will take action to remove any material that violates these Terms of Use.

IMPERMISSIBLE USES OF THE SITE

A. You agree not to: (i) systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, spiders, or otherwise; (ii) use any trademarks, trade names or other intellectual property of CMS or any other party from the Site as metatags on other Sites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; and (iii) collect usernames and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited email or other communications.

B. The following activities on the Site are expressly prohibited: (i) any use of the Site, which in CMS's sole and absolute judgment, degrades the reputation, reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (ii) any use of the Site which is unlawful or in violation of these Terms of Use.

USER CONTENT

A. CMS may provide Users an opportunity to transmit or post text, videos, photographs, logos, images, sound files and/or other data to the Site, including any information posted, published, or otherwise created by an Event Operator (collectively, "User Content") and may provide for the hosting, sharing and/or publishing of such User Content. CMS does not endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

B. You shall not transmit or post any User Content that: (i) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another's privacy or harmful to minors in any way; (ii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law; (iii) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant CMS all of the license rights granted herein; (iv) refer derisively to the goods or services of others; (v) includes any disruptive elements that may damage or interfere with the Site such as computer viruses, bots, worms, bombs, or trojan horses; (vi) impersonates another person; (vii) includes any person's full name or personal or identifying information without that person's authorization; or (viii) violates the law or otherwise violates these Terms of Use.

C. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CMS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (iii) it complies with these Terms of Use.

D. You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not CMS, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of CMS publishing such User Content. CMS does not and cannot review the User Content transmitted or posted by Users and is not responsible for such content. However, CMS shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Use or is otherwise objectionable, as determined by CMS in CMS's sole discretion and without notice. Any specific complaints regarding User Content must be directed to customerservice@myonlinecamp.com, and any promise by CMS to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by CMS.

E. You agree to indemnify CMS and its affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your use of the Site, your transmission or posting of User Content, your unauthorized use of material obtained from the Site, your breach of these Terms of Use, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. CMS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

F. Except as may be applicable in Supplemental Provisions MOC or Supplemental Provisions Ryzer (below) of these Terms of Use, by transmitting or posting User Content to the Site, you grant CMS the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses.

USER ACCOUNTS AND PASSWORDS

A. To use certain optional features and functions of the Site, Users are given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information (i.e. your email address) and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.

B. You are responsible for actions undertaken by those using your user account(s) and password(s). CMS, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms of Use.

C. CMS may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if CMS determines that you have posted or transmitted infringing User Content more than once.

CHANGES TO SITE

CMS may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, Content, including User Content. CMS may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability. CMS shall not be liable to you or any third party should we exercise this right to modify or discontinue the Site.

DATA TRANSMITTAL

Each User and visitor acknowledges and agrees that, regardless of such User's and visitor's physical location, CMS may store and process any data transmitted to the Site from such User or visitor at locations both within and outside of the United States.

CMS uses Braintree, a division of PayPal, Inc. (Braintree), as one of its payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.

COOKIES

Like many website operators, we sometimes make use of browser "cookies." A "cookie" is a small piece of information that we use to assign each visitor's computer a unique, random numerical identification code that resides in a designated file on your computer. Our cookies do not automatically collect personally identifying information. We may use information collected from cookies to recognize your browser when you visit the Site, to facilitate easy login, to attempt to personalize the Site for each user, to ensure that your browser does or does not see the same ad over and over again, to sequence ads and offers in a series and to track page usage and paths, to help serve advertisements, or to facilitate your ability to navigate the Site. We may link the cookie to personally identifying information you submit or other information we collect. Separately, third party companies that serve advertisements on the Site may use cookies and other tracking information to collect information about your visits to the Site and other websites.

IDENTITY VERIFICATION

A. User verification on the Internet is difficult and CMS cannot and does not confirm each User's purported identity.

B. You agree to (i) keep your password and user name secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your user name and password that he or she is not to disclose it to any unauthorized person, (iii) notify CMS immediately and select a new user name and password if you believe your password may have become known to an unauthorized person, and (iv) notify CMS immediately if you are contacted by anyone requesting your user name and password. When you give someone your user name and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.

C. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND CMS HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR USER NAME AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS AND/OR VISITORS. Further, CMS may suspend or cancel your account at any time even without receiving notice from you if CMS suspects that your password is being used in an unauthorized or fraudulent manner.

D. CMS does not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to have more than one User account without CMS's express consent.

GENERAL RELEASE

CMS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY AN EVENT OPERATOR, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH EVENT OPERATOR AND YOU HEREBY EXONERATE AND FOREVER RELEASE CMS FROM ANY LIABILITY WITH RESPECT TO THE SAME. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION ASSOCIATED WITH AN EVENT), YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE CMS AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED TO YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD CMS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY CMS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. CMS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

GOVERNING LAW

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa.

NOTICES

Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting CMS) by email to customerservice@myonlinecamp.com or by postal mail to My Online Camp, 1920 Philadelphia St., Suite 104, Ames, Iowa 50010.

If CMS needs to send you notice, CMS may send such notice to the email address you provide to CMS during the registration process. Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, CMS may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to CMS during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

ENTIRE AGREEMENT

These Terms of Use shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of these Terms of Use shall not be binding upon either party except to the extent incorporated in these Terms of Use. No amendment, waiver or consent may affect the rights or obligations of either party under these Terms of Use unless it is in writing and signed by CMS. These Terms of Use do not confer any third-party beneficiary rights. If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of these Terms of Use, such failure will not constitute a waiver of that provision or any others.

USER AUTHORITY

A. If you are registering as an entity, you represent that you have the authority to bind the entity to these Terms of Use.

B. Each User further represents and covenants that any information submitted to the Site during such User's registration with the Site shall be true and correct.

HYPERLINKING

THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THE SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). CMS HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT CMS HAS PROVIDED A LINK TO A LINKED SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND CMS URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE. CMS PERMITS USERS TO ADD HYPERTEXT LINKS TO THE SITE PROVIDED THE CONTENT OF SUCH LINKED SITE COMPLIES WITH THESE TERMS OF USE. CMS, HOWEVER, RESERVES THE RIGHT TO DISABLE AND REMOVE ANY SUCH LINKS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES). CMS PROHIBITS THE FRAMING OF ANY CONTENT AVAILABLE THROUGH THE SITE. ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES) IS AT THE USER'S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE SITE. NEITHER CMS, NOR ITS PARENT COMPANY OR AFFILIATES ISRESPONSIBLE FOR SUCH PROVISIONS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.

SEVERABILITY

The invalidity of any portion of these Terms of Use will not and shall not be deemed to affect the validity of any other provision. If any provision of these Terms of Use is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

NO WAIVER

The failure of CMS to insist upon the performance of any of the terms of these Terms of Use, or the waiver of any breach of any of the terms of these Terms of Use, shall not be construed as subsequently waiving any such Terms of Use, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

DISPUTE RESOLUTION

Any dispute between you and us under these Terms of Use or arising out of or relating to your use of the Site, shall be required to be resolved exclusively in the state court located in Story County, Iowa. You agree to submit to the personal jurisdiction of this court if litigation of the dispute is required. You acknowledge and agree that you will not seek to litigate any claims against CMS or its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and CMS agree that any cause of action arising out of or related to the Site must commence within one (1) year after the event giving rise to the claim began; otherwise, such cause of action is permanently barred. The section titles in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. In the event you pursue a legal claim against us, and if we are the prevailing party as determined by the Court, then we shall be entitled to an award of our attorney's fees and litigation expenses.

PARTY REFERENCE

In these Terms of Use, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

TERMINATION

We shall not be liable to you or any third party for termination of the Site or your account with us. Should you object to any Terms of Use of the Site or any subsequent modifications thereto or become dissatisfied with the Site, our fees, or any other aspect of this agreement in any way, your only recourse is to immediately discontinue use of the Site.

SUCCESSORS and ASSIGNMENT

All rights and obligations of CMS under these Terms of Use are freely assignable and/or delegable by CMS in connection with a merger, acquisition, sale of assets, by operation of law, or any other form of assignment, delegation, or succession. Your rights and obligations under these Terms of Use may not be assigned, delegated, transferred, shared, or divided in whole or in part, without the prior written consent of CMS.

SUPPLEMENTAL TERMS MOC

This Section of Supplemental Terms only applies to Event Operators that register to use MyOnlineCamp.com registration services for his/her/its Event. In addition to all other provisions of these Terms of Use, the following terms apply to such Event Operators:

Our License to You

MyOnlineCamp.com registration services include a web development platform for the purpose of building and hosting a unique domain (i.e. URL) for your Event ("Website"). Subject to your compliance with these Terms of Use, CMS hereby grants to you a limited, non-exclusive, nontransferable license for the duration of your Event's promotion thru its completion to make use of MyOnlineCamp.com technologies that are incorporated in the Website and that are required for the operation of the Website solely for the purpose of operating the Website hosted by CMS as provided herein. Your use of the Website does not transfer to you any rights, title, and/or interest in or to any of CMS's property, including MyOnlineCamp.com technologies.

An Event Operator may enroll for one or more Events through MyOnlineCamp.com. The license granted to an Event Operator under this Section is valid for each Event once. CMS may renew your license for one or more subsequent Events at its sole discretion.

Notwithstanding the foregoing, you may not in any way use any trademark or service mark of CMS or any of its affiliates without first obtaining the express written permission of CMS. Unless otherwise agreed to in writing by CMS, the transfer or attempted transfer of the Website to any host server other than CMS's host servers shall automatically terminate the foregoing license.

In no event shall you make any derivative use of the Website, access or manipulate any of the Website for the benefit of a commercial use beyond the limited license granted in this Section of the Terms of Use, utilize data mining, robots, or other data extraction tools against the Website, or attempt to reverse engineer or otherwise deconstruct any Content or feature of the Website. You are expressly prohibited from using hidden text of any kind. CMS and its third-party content providers reserve all rights not expressly granted to you under this license. Importantly, this license does not include any right of collection, aggregation, copying, or duplication. The license granted to you under this Section shall terminate if you violate these Terms of Use.

You acknowledge and agree that CMS is in the business of web application development, web design, web hosting, event marketing, and provision of customized applications for Event Operators, and that Company shall have the right to provide to third parties services that are the same or similar to those you license from CMS.

Processing Fee

You agree to pay CMS a processing fee ("Processing Fee") for each transaction for which payment is collected. During your enrollment, CMS will provide a quote to you for the specific Processing Fee(s) associated with your Event(s). Your access to and use of the Website will be deemed full acceptance of the quoted Processing Fee(s).

Payment Collection Services

We offer payment collection services for each Event. This system allows registrants to pay for your Event online via the Website. You may elect to use these payment collection services by providing to CMS, in the format and manner we request, information we need to support these services, including the Event registration fee you want to charge your registrants. You agree to routinely examine the Website to ensure appropriate charges are listed for your Event(s).

If you elect to use our payment collection services, we will collect all sales for your Event ("Transactions") through technologies we incorporate into the Website. We will then remit to you the amount we collect, minus our Processing Fee and any applicable third-party transaction fees (e.g. credit card transaction fees) if such third-party fees are not including in our Processing Fee. These remittances will be made to you twice monthly. Remittances will be accompanied with a detailed statement ("Statement") showing each registrant's name, the Event name, and the net sales proceeds remitted to you for each registrant. If you have any objection or are otherwise not satisfied with any remittance or Statement ("Claim"), you must provide us written notice of your Claim within 30 calendar days of the date we sent you the Statement ("Claim Period") or your Claim is waived and barred. Once a Claim Period expires, you will be deemed to have accepted the amounts we remit to you as full satisfaction of our obligations in connection with the payment collection services.

If we suspect or know that your Transactions may expose us or your registrants to an unacceptable level of risk, or that you have breached the terms of this Agreement, we may take various actions to avoid liability. The actions we may take include, but are not limited to, prohibiting or suspending your ability to use our services, refusing to process any Transaction, reversing a Transaction, or holding your remittance. If possible, we will provide you with advance notice of our actions. If we believe there is an immediate need to take action such as potential fraud or illegal activity, advance notice may not be provided.

My Online Camp, at our discretion, may hold an amount or percentage of your remittance (“Reserve”) if your Transactions increase the risk of loss to us or to your registrants through chargebacks, reversals, or any other risk and/or potential liability to us related to your use of our services. We may hold a Reserve as long as we deem necessary to mitigate any risks related to your Transactions. If we place a Reserve on your remittance, we will provide you with notice specifying the terms of the Reserve. We may change the terms of the Reserve at any time by providing you with notice of the new terms.

If you do not use our payment collection services, then you agree to remit payment to us for the appropriate Processing Fee(s) on a monthly basis.

CMS is responsible for maintaining PCI-DSS compliance as it relates to cardholder data that we store, process, transmit, or affect the security of.

Calculation of Refunds

At our discretion, we will assist you in issuing total or partial refunds to any Event registrant. However, we retain all Processing Fees paid or due to us regardless of any refund you issue for the related transaction.

Chargebacks

“Chargeback” means a payment dispute initiated by the cardholder with their card issuing bank. The amount of the disputed transaction is immediately withdrawn from the merchant's bank account. In the event of a chargeback, CMS retains the right of full reimbursement from you. We will invoice you for the full amount of the chargeback including our Processing Fee(s). You agree to pay CMS within 15 days of the invoice date.

Sales/Use Tax

You are solely responsible for any sales or use taxes applicable to your Events and Products. CMS disclaims all responsibility for any and all such taxes. Event Operators should consult with tax and legal advisers to determine the application or exemption of sale and use taxes.

Termination

If your license terminates for any reason, your access to and use of the Website shall terminate. You will be entitled to retain the User Content you posted to the Website. Your obligation to pay CMS for all accrued Processing Fees shall survive the termination. If CMS is paid in full, CMS will permit you to transfer the Website domain name (i.e. URL) into your name. All other aspects of the Website and the Site shall remain the exclusive property of CMS or its third-party content providers.

Waiver

You acknowledge and agree that your use and access to the Website will be deemed acceptance of all prior charges, fees, collections, and/or remittances of any kind or nature associated with your relationship with us, except those covered by a current Claim Period.

Your License to Us

Any of your User Content that is posted to or otherwise incorporated into the Website shall remain your sole and exclusive property. Except as provided in this Section, nothing in these Terms of Use shall be construed to grant CMS any ownership right, or license to, your User Content. You hereby grant to CMS a non-exclusive, worldwide, non-transferable, royalty-free license to store, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your User Content solely as necessary to furnish the Website to you and promote your Event via any CMS technologies, including Ryzer.com and MyOnlineCamp.com. Although you hereby authorize us to promote your Event through Ryzer.com, we do no guarantee inclusion of such Event within Ryzer.com. The license you grant us under this Section shall be effective for the duration of the period commencing upon the promotion of your Event through and including the date we receive written notice of revocation of this license from you. Such notice should be sent to customerservice@myonlinecamp.com. You understand that your User Content is your sole responsibility irrespective of whether you post the User Content directly to the Website or if CMS incorporates it for you. None of the warranties and representation you make in these Terms of Use are void or voidable by operation of the fact that CMS, on your behalf, posts, transmits, or otherwise incorporates your User Content on the Website, Ryzer.com, and/or the Ryzer mobile application. This means that you, and not CMS, are entirely and solely responsible for your User Content that is part of the Website and/or promoted on Ryzer.com and its mobile application. You are obligated to routinely examine the Website and your Event listing on Ryzer.com and its mobile application to ensure the appropriate User Content is displayed and to notify CMS of any errors.

SUPPLEMENTAL TERMS RYZER

This Section of Supplemental Terms only applies to Event Operators that register to use Ryzer.com promotional services for his/her/its Event. In addition to all other provisions of these Terms of Use, the following terms apply to such Event Operators:

Our License to You

Ryzer.com is a web and mobile alert system that provides Users timely and relevant notifications of youth and other events that meet User-specific interest criteria.

Subject to your compliance with these Terms of Use, CMS hereby grants to you a limited, non-exclusive, nontransferable license for the duration of your Event's promotion thru its completion to make use of Ryzer.com and its mobile applications solely for the purpose of promoting your event. Your use of the Ryzer.com and its mobile applications does not transfer to you any rights, title, and/or interest in or to any of CMS's property, including Ryzer.com or Ryzer mobile application technologies. The license granted to an Event Operator under this Section is valid for each Event once. CMS may renew your license for one or more subsequent Events at its sole discretion. CMS may cancel your license for subsequent Events at its sole discretion.

In no event shall you make any derivative use of Ryzer.com and its mobile applications, access or manipulate any of CMS technologies for the benefit of a commercial use beyond the limited license granted in this Section of the Terms of Use, utilize data mining, robots, or other data extraction tools against the Ryzer.com, or attempt to reverse engineer or otherwise deconstruct any Content or feature of Ryzer.com. You are expressly prohibited from using hidden text of any kind. CMS and its third-party content providers reserve all rights not expressly granted to you under this license. Importantly, this license does not include any right of collection, aggregation, copying, or duplication. The license granted to you under this Section shall terminate if you violate these Terms of Use.

You acknowledge and agree that CMS is in the business of web application development, web design, web hosting, event marketing, and provision of customized applications for Event Operators, and that Company shall have the right to provide to third parties services that are the same or similar to those you license from CMS.

Payment

Although CMS does not currently charge Event Operators to use Ryzer.com features, CMS does not guarantee Ryzer.com services will always be free. In the event that CMS charges for Ryzer.com services, including fees to add an Event or for premium content or advertisement placement, and you choose to utilize those services, you authorize CMS and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to Ryzer.com. CMS will not process refunds under any circumstances.

Your License to Us

Any of your User Content that is posted to or otherwise incorporated into Ryzer.com shall remain your sole and exclusive property. Except as provided in this Section, nothing in these Terms of Use shall be construed to grant CMS any ownership right, or license to, your User Content. You hereby grant to CMS a non-exclusive, worldwide, non-transferable, royalty-free license to store, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your User Content. The license you grant us under this Section shall be effective for the duration of the period commencing upon the promotion of your Event through and including the date we receive written notice of revocation of this license from you. Such notice should be sent to customerservice@myonlinecamp.com. You understand that your User Content is your sole responsibility irrespective of whether you post the User Content directly to Ryzer.com or if CMS incorporates it for you. None of the warranties and representation you make in these Terms of Use are void or voidable by operation of the fact that CMS, on your behalf, posts, transmits, or otherwise incorporates your User Content on Ryzer.com, and/or the Ryzer mobile application. This means that you, and not CMS, are entirely and solely responsible for your User Content that is part of and promoted on Ryzer.com and its mobile application. You are obligated to routinely examine your Event listing on Ryzer.com and its mobile application to ensure the appropriate User Content is displayed and to notify CMS of any errors.

Additional Representations and Warranties

In addition to all other representations and warranties you make under these Terms of Use, you further warrant and represent the following: (a) that your User Content associated with your Event listing will be truthful; (b) that your Event will be legitimate and not a hoax, scam, or other false scheme of any kind; (c) that you will only add an Event to Ryzer.com that you are authorized to list; (d) that you will not misrepresent your identity or that of the Event Operator if you are its authorized representative; (e) that you will keep current all details associated with your Event (e.g. date, description, price, etc.); (f) that you will not transmit any User Content that constitutes spam; (g) that you will only add an Event that is an Activity Type (e.g. baseball, swimming, gymnastics, etc.) supported by Ryzer.com; and (g) that you authorize Ryzer.com, at its sole and absolute discretion, to place advertisements anywhere on or about your Event content. We reserve all rights to determine the size and positioning of advertisements on Ryzer.com and its mobile application.

Ryzer Widget

These Terms of Use apply to the Ryzer Widget, which is a digital tool that allows an Event Operator to embed the Ryzer alert system directly into its website. If you choose to incorporate the Ryzer Widget into a website, you agree to be bound by these Terms of Use. By default, any end-user (e.g. parent) that registers for Ryzer alerts through a given Ryzer Widget will only receive alerts from the Event Operator that embedded the widget. However, the end-user may manually expand his/her alert criteria to activities beyond those sponsored by the originating Event Operator that embedded the widget.