Terms of Use

WEBSITE TERMS OF USE Last Modified: July 14, 2020

Welcome! Sitara corporation, a Florida corporation doing business as “ZoomerCamps” (the “Company”, “we” or “us”) provides an online marketplace and platform through which AFs (as defined below) may offer Activities (as defined below) via videoconference such as Zoom for sale to Parents (as defined below), and Parents may purchase such Activities for the benefit of their children. While the Company strives to maintain high standards of service, you acknowledge and agree that: (1) our Company is not a party to any agreements entered into between AFs and Parents, (2) our Company only provides certain tools to facilitate the purchase, sale and provision of Activities, (3) Parents contract for Activities directly with AFs and our Company does not make any representations or warranties regarding the quality or performance of AFs or the Activities, (4) our Company is not a broker, agent (except as expressly set forth below) or insurer of either AFs or Parents, (5) our Company disclaims all liability for the conduct of AFs, Parents, or any other Users of the Website (as defined below) or Activities (as defined below), and (6) Parents shall assume full and exclusive responsibility for supervising their children while participating in the Activities. Different sections of the Website and Terms of Use (as defined below) affect AFs and Parents differently, so please be sure to read these Terms of Use carefully.

**Please read these Terms of Use carefully, as they contain important information regarding your legal rights, remedies, and obligations. **

Key Terms

Activity (Activities)” means any online activity(ies) directed by an AF on the Website via videoconference such as Zoom, designed either for children between 3 and18 years old, or for other AFs or Parents.

AF(s)” means an activity facilitator, a person who completes the Company’s account registration process to offer, promote and sell Activities on the Website. AFs shall be 21 years of age or older. If an AF is under 21 years of age, the AF shall provide parent or guardian's consent to the Company by emailing a scan of a duly completed form (Click here to see the form) to the Company via email at, legal@zoomercamps.com.

Parent(s)” means a parent or legal guardian of a User between 3 and 18 years old, who completes the Company’s account registration process to purchase Activities on the Website and enroll such User, or enroll the Parent for Activities for Parents. Parents shall assume full and exclusive responsibility for supervising their children while participating in the Activities.

User,” “you” or “your” means any person, organization or entity accessing or using the Website or Activities who is registered with the Company, either as a child between 3 and 18 years old, or as a Parent or AF.

Acceptance of the Terms of Use These terms of use are entered into by and between you and the Company. The following terms and conditions, together with any documents they expressly incorporate by reference, each as amended from time to time (collectively, these “Terms of Use”), govern your access to and use of ZoomerCamps.com (the “Website”) and Activities, including any content, functionality, mobile applications, features and services offered on or through such website and its URL extensions. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at ZoomerCamps.com (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

THE WEBSITE IS ONLY OFFERED AND AVAILABLE TO USERS WHO ARE REGISTERED WITH THE COMPANY. IF YOU ARE A USER BETWEEN 3 AND 18 YEARS OLD, YOU SHALL ACT UNDER SUPERVISION OF YOUR PARENT; OTHERWISE YOU MUST NOT ACCESS OR USE THE WEBSITE.

THE WEBSITE IS ONLY OFFERED AND AVAILABLE TO USERS WHO ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE AND THE Privacy Policy, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE AND THE Privacy Policy. IF YOU DO NOT MEET ALL OF THE FOREGOING REQUIREMENTS, YOU SHALL ACT REPRESENTED BY YOUR PARENT; OTHERWISE YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. We will indicate at the top of this page the date these terms were last revised. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage and expect you to consult the Terms of Use each time you access the Website so you are aware of any changes, as they are legally binding upon you.

Services Description The Company provides an online marketplace for (i) Activities designed for children, (ii) Activities designed for Parents, and (iii) for AFs to market, sell and conduct their Activities all Users(“Services”). As the provider of an online marketplace, Company does not own, create, sell, resell, control, or manage any of the Activities. Company's responsibilities are limited to: (i) providing the Website as an online marketplace and platform to facilitate the sale, purchase, and conduct of Activities, and (ii) serving as the limited agent of each AF for the purpose of accepting payments in exchange for CamperCoins (as defined below) from Parents on behalf of AFs.

In order to enroll children to Activities, Parents are required to make payment for the Activities in the form of coins, which can be purchased on the Website (“CamperCoins”). The CamperCoins shall be the sole manner to enroll and pay for the Activities. See below “Payment Terms.” The number of CamperCoins required to enroll for each of the Activities that is listed on the Website shall be indicated on the Website.

There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While the Company strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not the Company. The Company does not control and shall not be responsible for the behavior of Users or the quality of the Activities. The Company does not guarantee the authenticity, quality, safety, legality, or appropriateness of the Activities, which shall be the sole and exclusive responsibility of each of the AFs.

Modifications to Services The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services and any of the Activities, content or material (or any part thereof) that we provide on the Website, at our sole discretion without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further agree that the Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict or suspend access to some parts of the Website, or the entire Website, to Users, including registered Users. You shall solely be responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Your Registration Obligations You will be required to register with the Company in order to access and use certain features of the Website and the Services. If you choose to register, you agree to provide and maintain true, correct, accurate, current and complete information about yourself as prompted by the Services’ registration form.

You agree that all information you provide to register and all information gathered about you through the use of the Website, including but not limited to information gathered through the use of any interactive features of the Website, shall be governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must be 21 years of age or older to register for the Services. If you are not yet of legal age to execute a binding agreement, then your Parent must read these Terms of Use and agree to them on behalf of the Parent and your behalf before you use the Services. If you are a Parent and you provide your consent to your child’s use of the Services, you agree to be bound by these Terms of Use with respect of your child’s use of the Services.

Member Account, Password and Security You are responsible for maintaining the confidentiality of your username, password, personal identification number (“PIN”) and account, if any, or any other piece of information, and not disclosing it to any other person or entity. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information.

We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

General Practices Regarding Use and Storage You acknowledge that the Company may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained and the maximum storage space that will be allotted on the Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Website. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Activity Recordings Activities that take place through the Company’s or third-party’s video platforms are automatically recorded by the Company (“Activity Recordings”). We retain Activity Recordings for up to six months, in accordance with our internal recordkeeping policies and subject to our Privacy Policy, after which they are deleted. The Company may retain, however, Activity Recordings for quality assurance, training, or marketing purposes, including using excerpts of the Activity Recordings in commercials for the Company through any medium. The Company may also commercialize Activity Recordings by allowing other Users to participate or view replays of the Activity Recordings. Notwithstanding the foregoing, the Company may delete certain Activity Recordings under the following circumstances: (a) upon the request of any of the Parents to delete their child’s personally identifiable information from Activity Recordings in which their child participates, (b) upon the request of any of the Parents not to use for commercial or marketing purposes certain Activity Recording in which their children participate, or (c) upon the reasonable determination by the Company that a Activity Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Use. Any request to delete Activity Recordings shall be provided to the Company via email at legal@zoomercamps.com.

We will not use Activity Recordings containing images of you (or your children) for any other purposes without your express written consent.

BY USING THE SERVICES, YOU CONSENT TO YOU AND/OR YOUR CHILD APPEARING IN ACTIVITY RECORDINGS FOR THE LIMITED PURPOSES SET FORTH ABOVE.

Payment Terms Each Parent agrees to pay all applicable CamperCoins for Activities in the amounts and through the means as set forth on the Website. All CamperCoins are payable in the currency specified on the Website at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on the Company’s net income. Parent hereby authorizes the Company to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges, you must let the Company know within thirty (30) days after the date that the Company charges you.

Limited Payment Collections Agent Each AF and Parent hereby appoints the Company as the limited payment collection and paying agent solely for the purpose of accepting the CamperCoins from Parents and disbursing payment to the AFs, net of fees charged by the Company. Each User agrees that payment of CamperCoins by a Parent to the Company, as that AF’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant AF and the AF will provide the relevant Activities to the Parent, as outlined on the Website, as if the AF had received payment directly. The Company, as limited payment collection agent from Parents and paying agent for AF, agrees to facilitate the Payment pursuant to these Terms of Use unless otherwise agreed between the Company and the AF. In the event that the Company does not remit such amounts, the AF will have recourse only against the Company.

User Conduct and Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (d) to impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (e) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website or expose them to liability, including without limitation the examples listed below.

Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.

You are the sole responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Website.

The Company reserves the right to investigate and take appropriate legal action against anyone who, at the Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

The following are examples of the kind of content and/or use that is illegal or prohibited by the Company:

  • email or otherwise upload any content that infringes any intellectual property or other proprietary rights of any party;
  • email or otherwise upload any content that or that you do not have a right to upload under any law or under contractual or fiduciary relationships;
  • email or otherwise upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • email or otherwise upload any content that poses or creates a privacy or security risk to any person;
  • email or otherwise upload any content that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • email or otherwise upload any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
  • email or otherwise upload any content that in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or the Users to any harm or liability of any type;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone in violation of our Privacy Policy;
  • harvest or collect email addresses or other contact information of other Users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

Special Notice for International Use; Export Controls Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

Commercial Use Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services or the Website, use of the Services or the Website, or access to the Services or the Website.

Intellectual Property Rights **Company Property: ** The Company name and all related names, logos, product and service names, designs, marks, trademarks and slogans (collectively the “Company Trademarks”) contained on the Website is the intellectual property of Company or its affiliates or licensors. Other Company product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in this Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.

You acknowledge and agree that the content or features of the Services (“Services Content”) may be protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The Website and its entire contents, features and functionality (including but not limited to all information, Software, Activities Recordings, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of the Company. For information on requesting such permission, contact us at legal@zoomercamps.com.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download content of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.

Except as expressly authorized by the Company, you agree not to (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website: (4) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. For the sake of clarity, you acknowledge and agree that Activity Recordings constitute Services Content, not User Content. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website and Services or distributed in connection therewith are the property of the Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

**Services Content, Software and Trademarks: ** **Third Party Material: **Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company may, but is not required to, pre-screen content, and the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Use or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Services or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and the Company does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give the Company a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

  • with respect to User Content that you submit, post or otherwise make publicly or generally available via the Services (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
  • with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Company to provide you with the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its Users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: The Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below.

The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s copyright agent (“Copyright Agent”) at [email] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Sitara Corporation dba ZoomerCamps, 2813 Executive Park Dr. Suite 112, Weston FL 33331, with copy to legal@zoomercamps.com.

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Miami-Dade County, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, Users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites The Activities shall be conducted via Zoom or such other platform as the Company may determine from time to time. The Company has no control over such platforms and resources and the Company is not responsible for such sites and resources. The access to any such third-party platforms or websites is at your own risk and subject to the terms and conditions of use for such platforms and websites. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any interruption in service provided by such platforms or websites nor for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such platform, site or resource.

In addition, the Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.

Social Networking Services You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook, Google or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and the Company’s use, storage and disclosure of information related to you and your use of such services within the Company (including your friend lists and the like), please see our Privacy Policy located at [website address]. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and the Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

In addition, the Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release You agree to release, defend, indemnify and hold harmless Company, its affiliates, officers, employees, directors, agents licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, “Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees), rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, the Website, any User Content, your connection to the Services, your violation of these Terms of Use or your violation of any rights of another.

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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (V) THAT DEFECTS WILL BE CORRECTED; OR (VI) THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY THE COMPANY ON AFS ARE SOLELY FOR ITS OWN BENEFIT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE WEBSITE OR SERVICES.

Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.** IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).**

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

**Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN CASE OF ANY DISPUTE ** Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration Section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Pre-Arbitration Dispute Resolution: The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at legal@zoomercamps.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to Sitara Corporation dba ZoomerCamps, 2813 Executive Park Dr. Suite 112, Weston FL 33331 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. All Arbitration Fees will be shared equally between, on the one hand, the Company, and, on the other hand, the counterparty. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.

Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Use to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Claims Not Subject To Arbitration: With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

**Governing Law ** All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Termination You agree that the Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Services.

User Disputes and Refunds You agree that you are solely responsible for your interactions with any other User in connection with the Services and the Company will have no liability or responsibility with respect thereto.

All purchases through the Website are final and will not be refunded, except in limited circumstances set forth herein. The Company will independently review any complaints by a User about an Activity or AF, seeking input from the Parent and/or the AF, and may decide at its sole discretion to issue a refund to the Parent. All determinations of the Company with respect to a refund shall be final and binding on the Parent and AF.

The Company reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other User of the Services.

Your Privacy At our Company, we respect the privacy of our Users. All information we collect on the Website or the Services is subject to our Privacy Policy. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

Geographic Restrictions The Company is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Notice for California Users Under California Civil Code Section 1789.3, Users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at legal@zoomercamps.com or by telephone at [telephone].

Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Waiver and Severability No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

General You may not assign this Terms of Use without the prior written consent of the Company, but the Company may assign or transfer these Terms of Use, in whole or in part, without restriction.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Services.

Acknowledgement BY USING THE COMPANY SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Entire Agreement The Terms of Use and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services. Neither you nor the Company is relying on any representation not contained herein (or in the other documents specifically incorporated herein).

Questions? Concerns? Suggestions? Please contact us at welcome@zoomercamps.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Services.