Terms and Conditions for opencampground.com

Welcome to opencampground.com! These Terms and Conditions (the “Terms”) govern your use of the Opencampground.com website (the “Site”) and the Opencampground.com software (the “Software”). By using the Site or Software, you agree to be bound by these Terms.

1. Definitions

• “Account” means a user account created on the Site.
• “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or otherwise made available on the Site or through the Software.
• “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, and other proprietary rights of any kind.
• “User” means any individual or entity that uses the Site or Software.
• “Service” means the SaaS platform provided by opencampground.com.

2. License

Opencampground.com grants you a limited, non-exclusive, non-transferable license to use the Site and Software for your own personal or business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, software, or other materials obtained from the Site or Software.

3. Your Account

You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to:

a) Use strong passwords and not share your login credentials with others. b) Enable two-factor authentication if offered. c) Notify opencampground.com immediately of any unauthorized use of your account or any other security breach. d) Ensure that you log out from your account at the end of each session when accessing the Service on a shared computer.

4. Content

You are solely responsible for all Content that you upload, post, or otherwise make available on the Site or through the Software. You represent and warrant that you own all of the Intellectual Property Rights in your Content or that you have the necessary licenses, permissions, and consents to use and distribute your Content.

Opencampground.com does not guarantee the accuracy, completeness, or quality of any Content. Opencampground.com reserves the right to remove any Content from the Site or Software at any time, for any reason, without notice.

5. Fees and Payments

5.1 Fees

Opencampground.com may charge fees for certain features or services of the Site or Software. You will be responsible for all applicable fees and taxes.

5.2 Payments

If you use the Software to accept payments, you agree to comply with all applicable laws and regulations. You are responsible for all taxes and other charges associated with your payments.

5.3 Third-Party Payment Processing

a) Payment Processing Services: We use third-party payment processors to facilitate transactions on our platform. By using our services, you agree to be bound by the terms and conditions of these third-party payment processors.

b) Data Sharing: You acknowledge and agree that we may share your personal and financial information with our third-party payment processors as necessary to complete transactions and manage your account.

c) Payment Processor Policies: Our third-party payment processors may have their own terms of service, privacy policies, and security practices. We encourage you to review these policies directly on the payment processor’s website.

d) Liability: While we strive to work with reputable payment processors, we are not responsible for any errors, failures, or security breaches that may occur during the payment process. Any disputes regarding payments should be addressed directly with the payment processor.

e) Currency and Fees: All transactions will be processed in the currency specified on our platform. Any currency conversion fees or other charges imposed by payment processors or your financial institution are your responsibility.

f) Compliance: You agree to comply with all applicable laws and regulations related to online payments and financial transactions when using our platform and associated payment services.

5.4 Payment Methods and Subscription Policies

a) Subscriptions to the OpenCampground platform must be paid electronically using a valid credit card, debit card, or bank account. We do not accept cash, personal checks, business checks, or money orders as payment methods.

b) OpenCampground does not set up or auto-bill any recurring payments unless a customer has provided explicit email authorization. Customers are responsible for managing their own subscription renewals.

c) If OpenCampground receives a subscription payment in an unacceptable form such as cash or check, the payment will be voided, and either a copy of the voided payment will be emailed to the customer or sent via postal mail.

d) Failure to pay subscription fees within 30 days of the invoice date may result in disconnection or removal of access to the OpenCampground platform. OpenCampground will notify customers via email of any past due invoices and provide reminders of the outstanding balance.

e) It is the customer’s responsibility to maintain a valid payment method on file and ensure subscription fees are paid in a timely manner. OpenCampground reserves the right to suspend or terminate access to the platform for any accounts with invoices more than 30 days past due.

6. SaaS-Specific Terms

6.1 User Data Ownership and Privacy

You retain all rights to any data you input into the Service. We will not access, use, or disclose your data except as necessary to provide the Service or as required by law. For more details, please refer to our Privacy Policy.

6.2 Service Level Agreement (SLA)

Opencampground.com strives to maintain 99.9% uptime for the Service. In the event of any unscheduled downtime, we will make reasonable efforts to restore the Service as quickly as possible. For details on our uptime guarantee and any applicable service credits, please refer to our separate SLA document.

6.3 Software Updates and Maintenance

We may perform scheduled maintenance or updates to the Service. We will provide advance notice of any scheduled maintenance that may result in Service interruption. By using the Service, you agree to receive automatic updates as they become available.

6.4 Data Backup and Recovery

We perform regular backups of all user data. However, you are encouraged to maintain your own backups of any critical data. In the event of data loss, we will make reasonable efforts to recover your data from our most recent backup.

6.5 Acceptable Use Policy

You agree not to use the Service to: a) Violate any laws or regulations b) Infringe on the rights of others c) Send spam or unsolicited messages d) Distribute malware or engage in hacking activities e) Overburden or interfere with the proper functioning of the Service

7. Intellectual Property

Opencampground.com retains all right, title, and interest in and to the Site, Software, and Service, including all related intellectual property rights. This includes any trademarks, copyrights, patents, and trade secrets associated with Opencampground.com and its offerings. You may not use our intellectual property without our express written permission.

8. Data Protection and Privacy

We collect, use, and protect user data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our data practices as described in the Privacy Policy. We comply with all applicable data protection laws and regulations.

9. Subscription Terms

9.1 Subscription Periods

Subscriptions are available on a monthly, quarterly, or annual basis, as specified on our pricing page.

9.2 Renewal

Subscriptions do not automatically renew unless specified by the customer.

9.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of the current billing period.

9.4 Refunds

We do not provide refunds for partial subscription periods or for unused time on your subscription.

10. Prohibited Storage of Payment Card Information

10.1 Restricted Data Storage

Users are expressly prohibited from storing, entering, or transmitting any credit card numbers, debit card numbers, or other payment card information in any field or area of the Service not specifically designated for payment processing. This includes, but is not limited to:

• Special notes fields
• Memo lines
• Internal notes sections
• Comment fields
• Customer information fields
• Order notes
• Description fields
• Any other free-text or data entry field not explicitly designated for payment processing

10.2 Purpose of Restriction

This restriction is implemented to:

• Protect customer financial information
• Maintain compliance with Payment Card Industry Data Security Standards (PCI DSS)
• Prevent unauthorized access to sensitive financial data
• Ensure the security and proper handling of payment information

10.3 Compliance and Enforcement

• The system actively monitors and prevents the entry of payment card information in restricted fields
• Attempted violations of this policy may result in:
  • Immediate rejection of the entered data
  • Temporary suspension of account access
  • Permanent termination of service access for repeated violations
  • Potential reporting to relevant regulatory authorities

10.4 Proper Payment Processing

All payment card information must be entered exclusively through our secure, PCI-compliant payment processing system. Users requiring assistance with payment processing should contact our customer support team through appropriate channels.

10.5 Violations and Account Security

• Users must immediately notify us if they discover payment card information stored in any inappropriate location within the system
• We reserve the right to scan and remove any payment card information found in restricted fields without notice
• Accounts found in violation of this policy may be subject to immediate review and potential suspension

11. Support and Maintenance

11.1 Support Services

We provide customer support via email and our help center during our normal business hours. We aim to respond to all support requests within 24 hours.

11.2 Limitations

Support is limited to issues directly related to the use of our Service. We do not provide support for third-party integrations or custom modifications to our Service.

12. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify users of any significant changes to the Service.

13. Indemnification

You agree to indemnify, defend, and hold harmless Opencampground.com, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party right.

14. Termination

Opencampground.com may terminate your access to the Site or Software at any time, for any reason, without notice. You may also terminate your use of the Site or Software at any time.

15. Disclaimer

THE SITE AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Opencampground.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16. Limitation of Liability

IN NO EVENT SHALL Opencampground.com BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, EVEN IF Opencampground.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Dispute Resolution

Any dispute arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in [Your City, State]. The decision of the arbitrator will be final and binding on both parties.

18. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

19. Entire Agreement

These Terms constitute the entire agreement between you and Opencampground.com with respect to the Site and Software and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect.

21. Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by both parties.

22. Notices

All notices and other communications under these Terms will be in writing and will be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

info@opencampground.com

23. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any significant changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.