Terms and Conditions

Terms of Use

By using PitchCamp, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Effective January 1, 2023

These terms of use are entered into by and between you and PitchCamp ("Company," "we," or "us") and govern your use of all the data, information, including our websites and any services, plug-ins, software that we may provide through our websites (the “Platform” or “Website” and together with the Materials, these “Service(s)”). PitchCamp “Users” are the people who have created a PitchCamp account (also referred to as “Customer(s)”). A PitchCamp “Viewer” is a person who visits the PitchCamp Websites but may or may not be a PitchCamp User or a campground client.

If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization (“Authorized User”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THESE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PITCHCAMP.

Intellectual Property

All content published and made available on the Plugin is the property of PitchCamp and the campground's Site hosting the Plugin. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the Site.

Acceptable Use

As a user of our Plugin, both you, the client, and the campground Site hosting the Plugin agree to utilize it in accordance with legal standards, refraining from any illegal activities or misuse:

• Violate the intellectual property rights of the Site owners or any third party to the Site; or

• Act in any way that could be considered fraudulent towards the client, Site owner, or the Plugin.

If we believe you are using our Plugin illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Plugin. We also reserve the right to take any legal steps necessary.

Campground Account

To use the Website, you need to set up a PitchCamp account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorized by PitchCamp to set up one Free Account only. PitchCamp reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.

When you create an account, we collect registration-related information, which includes your email address and your name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this Website has been breached in any way, you must immediately notify. We reserve the right to suspend or terminate your account if you are using our Plugin illegally or if you violate these Terms and Conditions.

Online Accounts

When creating an account on our Plugin, both the client and the campground agree to the following terms and conditions:

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Plugin illegally or if you violate these Terms and Conditions.

Subscription Period and Subscription Fees

You agree to pay all applicable fees related to your use of this Website which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized services.

The subscription period for Paid Accounts can be month-to-month, yearly, or a combination of the two.

Paid Accounts are subject to fees based upon the account type you've selected. For renewals, PitchCamp will automatically charge your payment method. Each Renewal Term may include a price increase before the start of the Renewal Term. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that PitchCamp will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.

BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW PITCHCAMP TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

Renewals and Cancellations

Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the subscription period. You can cancel your subscription at any time within the PitchCamp application by accessing the "billing" page, which is available under the "Admin" menu -> "Campground Settings" -> "Billing" tab. Cancellation will be effective immediately. Please note that after you cancel your subscription, you will not be able to use or access the Platform and you will not be entitled to a refund of any fees that you've paid. Any outstanding fees will be charged at the end of the billing cycle.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. PitchCamp reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Notice. You agree to promptly notify PitchCamp in the event that you are made aware of any unauthorized or illegal use of the Website.

Sale of Services

These Terms and Conditions govern the sale of services available on the Plugin. The following services are available:

• Online Reservations.

The payment for services may be made in full or partial, depending on the configuration of the campground Site hosting the Plugin.

These Terms and Conditions apply to all services displayed on our Plugin, including any subsequent updates or changes to the terms and services. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services provided.

You agree to purchase services from our Plugin at your own risk, acknowledging that PitchCamp the Plugin holds no responsibility for any misconduct or actions carried out by bad actors, including those associated with the campground, its Site, or any other third-party entities, that may arise during the transaction or service.

The responsibility for processing reversals and refunds lies with the payment system, Stripe. We reserve the right to modify, reject, or cancel any order whenever necessary. In the event of order cancellation and if your payment has already been processed, Stripe is and will be responsible for initiating any payment refunds or reversals of funds, as PitchCamp the Plugin does not have access to or control over the payment process; it is solely handled by Stripe. You agree that it is Stripe's responsibility to ensure the refund is properly processed, and it is their system you should monitor to verify receipt of any refund.

Payments

We accept the following payment methods on our Plugin:

• Credit Card; and
• Debit.

When you provide us with your payment information, you authorize our use of and access to the payment using Stripe. By providing us with your payment information, you authorize us to charge the amount due. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse a transaction.

Intellectual Property

Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to Customer or any Authorized User in connection with PitchCamp. Your use of our Services does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Services do not grant you ownership rights of any kind in our Website or Materials. PitchCamp reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, or otherwise, to Customer or any third party any intellectual property rights or other right.

Notices and Messages

By using the Services, you consent to receive emails from us or any of our third party applications. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These emails are part of your relationship with us. By scheduling a reservation on behalf of your clients for your campground, you consent to receive transactional emails related to the reservation (e.g. booking confirmations and reminders). If, as a campground client, you provide your phone number for text notifications, you also consent to receive SMS notifications from PitchCamp related to the scheduled meeting between you and the PitchCamp Customer.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary. If, as an Invitee and/or PitchCamp User you do consent to the use of SMS notifications.

Indemnification

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold PitchCamp, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees (“Losses”), resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Customer Data, or the use thereof in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates any applicable law or regulation and any Third-Party Claims based on Customer’s or any Authorized Users’ (i) negligence or willful misconduct; (ii) use of the Services in a manner not authorized by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by PitchCamp or authorized by PitchCamp in writing; or (iv) modifications to the Services not made by PitchCamp, provided that Customer may not settle any Third-Party Claim against PitchCamp unless PitchCamp consents to such settlement, and further provided that PitchCamp will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND PITCHCAMP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PITCHCAMP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PITCHCAMP MAKES NO WARRANTY OF ANY KIND THAT THE PITCHCAMP PLATFORM, OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. PITCHCAMP STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

Limitation of Liability

PITCHCAMP WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY DOCUMENTATION TO OR FROM THE WEBSITE. IN NO EVENT WILL PITCHCAMP BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; © LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PITCHCAMP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL PITCHCAMP AGGREGATE LIABILITY OR PITCHCAMP INDEMNIFICATION OBLIGATIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO PITCHCAMP IN CONNECTION WITH THESE TERMS.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND PITCHCAMP AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF PITCHCAMP HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Changes to the Website

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.