Terms of Use
These Terms of Use govern your use of the Camp Fox Ridge website or any other online services offered by Camp Fox Ridge, LLC and its affiliates (collectively, the “Sites”). Camp Fox Ridge, LLC and its affiliates may be referred to herein as “CFR,” “we,” “us,” or “our.”
By using the Sites, you are entering into a legal agreement to abide by the Terms of Use you see here, and you are agreeing that you have read and fully understand these Terms of Use. These Terms of Use apply to your use of the Sites and any goods or services offered through the Sites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Sites, you acknowledge that you understand, accept, and agree to be bound by these Terms of Use, as well as our Privacy Policy, which is incorporated into these Terms of Use by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service. If you do not want to agree to these Terms of Use, you must not access or use the Sites.
You have a limited right to use the Sites.
On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to access the Sites through a generally available web browser or mobile device to view content and information and otherwise use the Sites consistent with its functionality and in accordance with these Terms of Use. Any other use of the Sites is strictly prohibited and a violation of these Terms of Use.
Copyright, Trademark, and Service Mark Notices.
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Sites (collectively “Content”) is owned or licensed by or to CFR. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Sites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written permission. We expressly reserve all intellectual property rights in all Content.
Please let us know if you believe your intellectual property has been improperly posted.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Sites, please contact us via the “Contact” tab on the Camp Fox Ridge website.
You may not use the Sites for improper purposes.
Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:• make any commercial use of the Sites or its Content;• use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, or intelligent agents) to navigate or search the Sites other than the search engine and search agents made available on the Sites or generally publicly available browsers;• frame, mirror, or use framing techniques on any part of the Sites without our express prior written consent;• make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use;• use any meta tags or any other hidden text utilizing any names or marks used or displayed on the Sites;• misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites, or express or imply that we endorse any statement you make;• conduct fraudulent activities on the Sites;• violate or attempt to violate the security of the Sites, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (iii) forging any header or any part of the header information in any email or posting; or (iv) forging communications on behalf of the Sites (impersonating the Sites) or to the Sites (impersonating another user);• use the Sites to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;• modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites; or• remove any copyright, trademark, or other proprietary rights notice from the Sites or materials originating from the Sites.
Notifications from the Sites or email.
We may notify you of important information about the Sites and the products and services we offer on it by placing notices on the Sites, sending you an email to the email address used to make your reservation, or through other means.
Our data collection and privacy practices are described in our Privacy Policy.
You should carefully read our Privacy Policy before using the Sites as it is incorporated into these Terms of Use by reference, and governs our treatment of any information, including personally identifiable information, that you submit to us.
Third Party Websites.
The Sites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products, or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Sites, you agree that we are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
We may change information, including prices, of products and services listed on the Sites.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Sites are subject to change at any time without notice (including after you have submitted your order). We will correct errors that we discover, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after a reservation has been made).Any prices displayed on the Sites are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include sales taxes, if applicable, which will be added to your total price. You are responsible for the payment of any state and local sales or use taxes that may apply to your order.
You are responsible for what you submit.
We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Sites (“User Content”) as long as the User Content submitted by you complies with these Terms of Use.You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant to us the right to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. Content may also be provided by third-party visitors to the Sites. Please note that site visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
Changes to Terms of Use.
We may revise and update these Terms of Use and the Services we offer at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter. However, any changes to the Dispute Resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice of prior to the date the change is posted on the Sites.Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Sites frequently so you are aware of any changes, as they are binding on you.
We have the right to determine who can use the Sites.
The Sites are offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites. Additionally, we reserve the right to deny access or use of the Sites and the products and services we offer on it to anyone at any time in our sole and absolute discretion if not prohibited by law.
Indemnity.
You agree to indemnify, defend, and hold harmless Camp Fox Ridge, LLC and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries, and affiliates (“CFR Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Sites or Services, your violation of any third-party right or law, or your violation or alleged violation of these Terms of Use. You must not settle any such claim or matter without the prior written consent of CFR. The CFR Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Dispute Resolution Process. This Dispute Resolution Process governs any and all claims relating in any way to the use of our Sites, our Terms of Use, and our privacy policy and practices (each a “Claim” and collectively, the “Claims”). You agree to resolve claims through arbitration. Scope of Arbitration: Any and all Claims will be resolved by binding arbitration, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration. Informal Resolution: You and we agree that good faith informal efforts to resolve claims often can result in a prompt, low-cost and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to CFR, Attn: Customer Dispute, _____________________. The Notice of Dispute must contain all of the following information: your name, your address, your phone number, your email address, the date you allege your dispute occurred, a detailed description of what you believe CFR did wrong and any supporting documentation, a detailed description of the relief you are seeking from CFR, and the name and contact of your attorney (if any). We will provide the same information if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests. Arbitration Forum and Fees: Upon the conclusion of the tolling period under the Informal Resolution procedure, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim, to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, by video conference, or in person in the county where you live or at another mutually agreed location. Waiver of Jury Trial: You and we both understand that by agreeing to this binding arbitration provision, both are giving up their right to trial by jury of any Claim. There is no judge or jury in arbitration. Even if a Claim proceeds in court rather than in arbitration for any reason, you and we each waive any right to a jury trial. Waiver of Class or Consolidated Actions: You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not on a class, collective, consolidated, private attorney-general, or representative basis. Class-action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunction, or any other representative proceeding or action are not allowed. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitrator’s Powers and Duties: The arbitrator will apply applicable law and the provisions of this Dispute Resolution Process, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Except as otherwise specified in this Dispute Resolution Process and agreement to arbitrate, the arbitrator has the same authority to award relief on an individual basis (including injunctive and declaratory relief or statutory damages) as a court of law. However, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitration award shall be binding only among the parties thereto and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and us. You understand and acknowledge that court review of an arbitration award is limited. Small Claims Court: If a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration as follows: (a) a party may file the party’s Claims in small claims court without first filing in arbitration; (b) after a case is filed in arbitration, but before an arbitrator is formally appointed to the case by the arbitral forum, a party can send a written notice to the opposing party and the arbitral forum that the party wants the case decided by a small claims court. After receiving this notice, the arbitral forum will administratively close the case; or (c) after the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the arbitral forum, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court. Severability: If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, however, that if (a) the provision above prohibiting class-wide, collective, consolidated, private attorney-general, or other group arbitration is deemed invalid as to any Claim by you, then this entire arbitration agreement shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in federal or state court of competent jurisdiction or, as applicable, a small claims court; or (b) if the bar on requests for a public injunction is deemed unenforceable for any reason, then the public injunctive relief Claim will be decided by a court and the parties will ask the court to stay that Claim until the other Claims have been finally concluded in an individual arbitration. YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. Governing Law. All matters relating to the use of our Sites, our Terms of Use, and our privacy policy and practices, and any dispute or Claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any conflict of laws principles. Waivers and Limitations. Regardless of any statute or law to the contrary, all Claims must commence within one (1) year after such Claim arose or be forever barred. UNDER NO CIRCUMSTANCES SHALL CAMP FOX RIDGE, LLC, ITS AFFILIATES, OR OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITES, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Miscellaneous. You are responsible for all charges and necessary permissions related to accessing the Sites through your mobile access provider. If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms of Use enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way. You agree that these Terms of Use constitutes the entire, complete and exclusive agreement between you and us regarding the Sites and the services offered on it and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use. Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. If you have feedback, comments, requests for technical support, or other concerns relating to the Sites, the Terms of Use, or our Privacy Policy, please contact us via the “Contact” tab on the Camp Fox Ridge website.
Dispute Resolution Process. This Dispute Resolution Process governs any and all claims relating in any way to the use of our Sites, our Terms of Use, and our privacy policy and practices (each a “Claim” and collectively, the “Claims”). You agree to resolve claims through arbitration. Scope of Arbitration: Any and all Claims will be resolved by binding arbitration, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration. Informal Resolution: You and we agree that good faith informal efforts to resolve claims often can result in a prompt, low-cost and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to CFR, Attn: Customer Dispute, _____________________. The Notice of Dispute must contain all of the following information: your name, your address, your phone number, your email address, the date you allege your dispute occurred, a detailed description of what you believe CFR did wrong and any supporting documentation, a detailed description of the relief you are seeking from CFR, and the name and contact of your attorney (if any). We will provide the same information if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests. Arbitration Forum and Fees: Upon the conclusion of the tolling period under the Informal Resolution procedure, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim, to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, by video conference, or in person in the county where you live or at another mutually agreed location. Waiver of Jury Trial: You and we both understand that by agreeing to this binding arbitration provision, both are giving up their right to trial by jury of any Claim. There is no judge or jury in arbitration. Even if a Claim proceeds in court rather than in arbitration for any reason, you and we each waive any right to a jury trial. Waiver of Class or Consolidated Actions: You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not on a class, collective, consolidated, private attorney-general, or representative basis. Class-action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunction, or any other representative proceeding or action are not allowed. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitrator’s Powers and Duties: The arbitrator will apply applicable law and the provisions of this Dispute Resolution Process, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Except as otherwise specified in this Dispute Resolution Process and agreement to arbitrate, the arbitrator has the same authority to award relief on an individual basis (including injunctive and declaratory relief or statutory damages) as a court of law. However, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitration award shall be binding only among the parties thereto and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and us. You understand and acknowledge that court review of an arbitration award is limited. Small Claims Court: If a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration as follows: (a) a party may file the party’s Claims in small claims court without first filing in arbitration; (b) after a case is filed in arbitration, but before an arbitrator is formally appointed to the case by the arbitral forum, a party can send a written notice to the opposing party and the arbitral forum that the party wants the case decided by a small claims court. After receiving this notice, the arbitral forum will administratively close the case; or (c) after the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the arbitral forum, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court. Severability: If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, however, that if (a) the provision above prohibiting class-wide, collective, consolidated, private attorney-general, or other group arbitration is deemed invalid as to any Claim by you, then this entire arbitration agreement shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in federal or state court of competent jurisdiction or, as applicable, a small claims court; or (b) if the bar on requests for a public injunction is deemed unenforceable for any reason, then the public injunctive relief Claim will be decided by a court and the parties will ask the court to stay that Claim until the other Claims have been finally concluded in an individual arbitration. YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. Governing Law. All matters relating to the use of our Sites, our Terms of Use, and our privacy policy and practices, and any dispute or Claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any conflict of laws principles. Waivers and Limitations. Regardless of any statute or law to the contrary, all Claims must commence within one (1) year after such Claim arose or be forever barred. UNDER NO CIRCUMSTANCES SHALL CAMP FOX RIDGE, LLC, ITS AFFILIATES, OR OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITES, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Miscellaneous. You are responsible for all charges and necessary permissions related to accessing the Sites through your mobile access provider. If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms of Use enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way. You agree that these Terms of Use constitutes the entire, complete and exclusive agreement between you and us regarding the Sites and the services offered on it and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use. Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. If you have feedback, comments, requests for technical support, or other concerns relating to the Sites, the Terms of Use, or our Privacy Policy, please contact us via the “Contact” tab on the Camp Fox Ridge website.