Terms and Conditions
Terms and Conditions
Please read the following terms and conditions carefully. By accepting, you are agreeing that you or your company will be bound by the terms of this agreement. Do not use our software if you do not agree with these terms.
Customer Service Agreement
This Customer Service Agreement is between Ladder Web Solutions and you or the company you represent, accepting this Agreement.
Express Camp Cloud is a part of Ladder Web Solutions.
- Delivery of Service
- Express Camp Cloud will provide Customer access to offline and well as online service which will allow the processing and retrieval of data submitted by Customer pursuant to the terms of this Agreement. Express Camp Cloud reserves the right and sole discretion to change the features of the Service at any time as well as the terms and conditions. Any such modification of the Service and amendment of terms and conditions of this Agreement will be incorporated in this Agreement immediately. Continued use of our Service thereafter will mean that you accept the changes.
- Customer is responsible for its own compliance with this Agreement including others’ compliance, who are associated with the company.
- Charges, Payments & Refunds
- Customer’s use of the Service will result in fees as set forth by Express Camp Cloud. The fees and charges of the Service may be changed by Ladder Web Solutions from time to time by sending notification to the Customer through e-mail, letter or any other form, or by posting an updated fee schedule on Expresscampcloud.com 30 days before the changes are applied. Customer agreeing to said fees and charges for each month, will be charged directly from Customer’s credit card. In case of any credit card billing failure, Customer will be notified via e-mail, invoice, or any other mode. The Customer agrees to clear all due amounts within thirty days of receipt of such notice. The Customer will have to pay in case of any collection or attorneys’ fees arising from the effort of Express Camp Cloud to collect the dues.
- Payment is to be made in advance on a monthly basis. Once paid, it is non-refundable. There will be no refunds or credits for partial months of software usage, refunds for non-usage with an open account or upgrade/downgrade refunds. No exceptions will be made.
- All fees are exclusive of levies, taxes or duties imposed by taxing authorities. Customer is liable to pay all such taxes, duties or levies.
- You must provide complete, exact and current payment information. Update information in case of change in card number, billing address or expiration date. Notify Express Camp Cloud immediately in case of any breach of security or if your payment method is canceled or your card is lost or stolen. Changes to such information can be made inside your account dashboard under “Company Settings -> Subscription & Payments”. If you fail to provide Express Camp Cloud with the above mentioned information, you are accountable for the fees accumulated in your account. You also give us the authorization to obtain updated expiration dates and card numbers for your debit or credit cards as may be offered by your card issuer or other ways.
- Limitations on Use of Software
- “Software” herein refers to the software used in the Service. Customer will not, and will not permit or assist others to recreate the software in any form. Customer will not make or attempt to make any modifications in the Software or charge or sublicense others to access or use the Software or the Service. Customer will not use the Service or the Software in any way not specifically authorized by this Agreement. The rights of ownership of the Software completely belong to Express Camp Cloud.
- Customer acknowledges that the Software is not meant for permanent storage. The Customer agrees not to store any data which is associated to military or national security, or any data which can have an adverse effect in the well-being of any person.
- Express Camp Cloud may add features to the Service from time to time. These features are called the Beta Features which the Customer acknowledges, may be non-functional, untested or partly functional features of the Service. Customer will use a Beta Feature at its own risk. Customer needs to back-up all data added to the Beta features and must not rely completely on the functionality of the features for any purpose whatsoever. The Beta Features will be part of the Service and all the terms of the Agreement will also apply to it.
- Customer may not use the Service (i) for violating the Agreement; (ii) for infringement, violation of or diluting or misusing the intellectual property rights of any third party or any privacy or publicity rights; (iii) for violation of any law, statute, ordinance or regulation; (iv) for storing or posting defamatory, trade libelous, inflammatory, threatening or harassing data; (v) for storing or posting pornographic, obscene or indecent data; or (vi) for introducing or propagating any unauthorized malware, data, worms, viruses, Trojan horses, worms, spyware other malicious or harmful code. Customer may not interfere with or disturb the security, integrity, functionality or proper working of the Service. Access can only be made through the protocols or interfaces that are authorized by Express Camp Cloud. Use or compilation of the materials or any other information provided by Express Camp Cloud for the purpose of unwanted spamming, direct marketing, contacting customers or other activities that violate anti-spamming laws and regulations, is strictly prohibited.
- Privacy, Security and Access
- In case of any unauthorized use of or access to Customer data or passwords, each party will immediately notify the other. Any such issue must be addressed by taking reasonable efforts for taking remedial actions by both parties.
- Express Camp Cloud will not be liable for any damages made by the Customer which arises out of the use of the Service. It also includes without limitation related to any disclosure of or unauthorized access to Customer Data, arising from the Customer’s actions, any third party or from electronic or other security measures’ failure.
- Customer agrees that apart from the above provisions, Express Camp Cloud may transfer Customer Data to any successor in interest of Express Camp Cloud under this Agreement.
- Monitoring the Service by Express Camp Cloud is not compulsory. The company has the right to disclose any information or monitor the Service arising out of it, including without limitation Customer Data as deemed necessary to satisfy any regulation, law, demand of internal auditors, demand of government or to protect Express Camp Cloud or its customers. The company may refuse to post any data provided by the Customer or remove it at its sole discretion, if it finds it to be undesirable, offensive, in violation of this Agreement. There is however no obligation for Express Camp Cloud.
- The Service must not be used by the Customer to spread or store any data that might be considered pornographic or obscene, that has defamatory material or violates state, federal or local law.
- No disclosure of any account passwords by the Customer to third-party which is not authorized to use the Service.
- General Demonstrations and Warranties
- Each party hereto warrants that (i) it has the full power, authority and right to enter into this Agreement, (ii) the acceptance of this Agreement and the performance of its duties hereunder do not disturb any agreement to which it is a party or by which it is bound, and (iii) when accepted, in accordance with its terms this Agreement will create the valid, legal and binding obligation of such party.
- Customer agrees to conform to all applicable state and federal laws and regulations, which is in accordance with the Agreement.
- Customer signifies, warrants and promises (i) that Customer is only responsible for its Customer Data, including without limitation, the security of such Customer Data; (ii) that Customer has the required consents, rights and licenses, waivers, permissions and releases to use its Customer Data.
- Customer epitomizes and authorizes that (i) the data provided in registering for the Service is true, complete and in agreement with the requirements hereunder; (ii) in case registering on behalf of a campground, the Customer has to be at least 18 years of age and has the legal capacity to enter into this Agreement; and (iii) if registering for the Service as a campground,
- such campground must be authorized to do business in the country or countries where it operates
- the individual accepting this Agreement and registering for the Service on behalf of the Customer must meet the requirements of clause (d)(ii) above and is an authorized representative of such campground and
- the representatives and other agents of such campgrounds accessing the Service are authorized to access the Service and to bind it legally to this Agreement.
- No Warranty, Limitation of Liability
- Express Camp Cloud makes no warranties, related to the performance or the Service thereof. Express Camp Cloud does not warrant that the service will operate without interruption or downtime, be error free or meet your requirements completely.
- Under no circumstances, including without limitation Express Camp Cloud’s negligence, will Express Camp Cloud be liable to Customer or to any third party for any lost savings, profits, or other special, indirect, exemplary, cover, consequential or incidental damages arising out of or related to this agreement or to the use of the service.
- Express Camp Cloud’s total liability for any losses, damages or attorney related fees, in no event will exceed the aggregate dollar amount paid by Customer to Express Camp Cloud in one year before claimed damage or injury.
- The company is not liable for the truthfulness, accuracy or validity of data entered by the Customer. There is no liability in case of any loss of Customer Data.
- If the Customer is not satisfied with the rules, terms or guidelines of the Service, the only option is to discontinue its use.
Customer will underwrite and hold Express Camp Cloud and all others associated with it, harmless from all liability and damages, including without limitation reasonable attorneys’ fees, incurred due to:
- Customer’s violation of its obligations under this Agreement
- the negligent or willful acts of Customer, or
- the violation by Customer of Express Camp Cloud or any third party’s rights, including without limitation other property rights, privacy rights, proprietary information, trademark, copyright, trade secret, or patent rights, and claims for slander, libel, or unfair trade practices in relation with the use or operation of the Service.
- Termination of Service
- The Agreement can be terminated by either party at any time. The following duties will survive the termination of the Agreement: (i) indemnification obligations mentioned in Section 7. (ii) obligations to pay amounts that are due under this Agreement before termination; and (iii) any other provision where such provision shows an intent that it will continue till the term or the end of this Agreement.
- In case Express Camp Cloud feels that the Customer has violated any terms of this Agreement, it might temporarily suspend the access of the Software for the Customer, without any notice.
- When the Agreement is terminated, Express Camp Cloud will store Customer Data as long as it might be required to follow the terms of the Agreement. In its discretion, it may store data for a longer period as allowed by applicable law. The company will not disclose the data to any third-party without Customer authorization.
- Disruption of Service
- Express Camp Cloud will not be liable for any damages arising out of any interruption or problem in transmission of the Service, including without any limitation, defects or interruptions due to failure of accessing the Internet, any upgrades, modifications, repairs or relocations. In case of any temporary defects or interruption in transmission of the Service, payments will not be reduced.
- Express Camp Cloud will not be liable for transmission delays or interruption of the Service caused by water, acts of God, fire, riots, acts of Government, acts or errors of ISP or any other reasons which are beyond the company’s control.
- This Agreement makes up the entire Agreement between Express Camp Cloud and Customer related to the subject matter and any other prior written or oral agreements between the parties stand void. This Agreement might not be changed or amended by a written agreement signed by authorized representatives of both parties.
- In case any provision in this Agreement is found to be unenforceable, these provisions will be interpreted as nearly as possible to reflect its actual meaning and the rest of the Agreement will remain in full effect.
- Customer’s rights are not assignable in this Agreement.
- Express Camp Cloud is managed and operated by Ladder Web Solutions mainly from its office in Ohio. Express Camp Cloud makes no representation that the Software can be used at any location outside USA.
- These Terms and Conditions of use will be governed by the laws of the state of Ohio, USA.
- If any provision or a part of it is considered unenforceable by a court of capable jurisdiction, that provision will be enforced to the maximum permitted extent so that the intent of the Agreement can be effectuated and the rest of the Agreement will continue in full effect.
- The parties agree that in case of any dispute, controversy or claim arising out of this Agreement it will be settled by compulsory arbitration in Sunbury, Ohio, USA before a panel of arbitrators. The arbitrators and the parties have to agree and set the terms and conditions of the arbitration. If they are unable to so, the existing rules of the American Arbitration Association shall apply, where both the parties equally bear the cost of the arbitrator’s fees. Any decision made by the arbitration panel can be entered by any party as a decision on the arbitration award in the federal courts of Sunbury and the state. The Customer agrees to submit to the personal authority of such courts and the subject matter. The court and the panel entering any decision on an arbitration award may present the main party its reasonable expert witness and attorney’s fees. The decision of the arbitrators will be final, provided Express Camp Cloud may bring an action in a court of capable jurisdiction for injunctive or other equitable relief as might be required for enforcing the terms of this Agreement before arbitration may happen.
- The solutions in this Agreement and in equity or at law are collective and not exclusive. If either party fails to exercise any remedy or right under this Agreement or otherwise available in equity or at law will not be considered as a loss of any right or remedy.
- No entity or person who is not a party to this Agreement will get any rights whatsoever as a third party beneficiary of this Agreement.
- The Customer will get a monthly e-newsletter without any charge from Express Camp Cloud, as an extra benefit.
- Customer understands that Express Camp Cloud is not a payroll system. Customer agrees to take complete responsibility for validating data accuracy produced by the Service when used by Customer for its own billing or payroll purposes. Customer accepts entire responsibility for complying with state and federal labor laws. Customer holds Express Camp Cloud harmless and indemnifies the company from any and all tax, payroll and labor compliance liabilities. Some features of the Software are provided for the reference of Customer only. It does not represent actual calculation of any payment to be made by the Customer.
The parties accept that they have read the terms and conditions of this Agreement carefully and are hereby bound to follow them. It will become effective as soon as the Customer accepts it through electronic acknowledgment on Expresscampcloud.com.