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PO Box 121

West Chester, Ohio 45071

TEL: 513-488-1010

E-MAIL: info@squirrelboxcamping.com

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© 2019 Squirrel Box LLC | Camping Setup Service in Cincinnati, OH

Last Modified: 3/4/2019

 

Squirrel Box Terms of Use and Terms of Services Agreement

 

Acceptance

These terms of use and terms of services (“Terms of Service”) apply to your use of www.squirrelboxcamping.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether or not you request or purchase a camping package or any other service (“Services”) through the Website. Please read the Terms of Service carefully before you start to use the Website or request any Services. If you have any questions regarding any part of the Terms of Service, please email Squirrel Box LLC (“Squirrel Box”) at www.squirrelboxcamping.com or call at 513-488-1010.

You (hereinafter, “Customer”) acknowledge that, by accessing and using the Website, or by accessing and using the Services, or by clicking to accept or agree to the Terms of Service when this option is made available, you, as the Customer, accept and agree to be bound and abide by these Terms of Service and Privacy Policy, found at www.squirrelboxcamping.com, incorporated herein by reference. Customer further acknowledges that each person that Customer has invited or allowed to access the Services (each a “Guest”) has been made aware of and accepted these Terms of Service.

If Customer does not want to agree to these Terms of Service or the Privacy Policy, Customer must not access or use the Website, request any Services, or use any Services.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, Customer represents and warrants that Customer is of legal age to form a binding contract with Squirrel Box and meets all of the foregoing eligibility requirements. If Customer does not meet all of these requirements, Customer must not access or use the Website, or request any Services.

Changes to the Terms of Service

Squirrel Box may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all subsequent access to and use of the Website or Services thereafter.

Customer’s continued use of the Website or Services following the posting of revised Terms of Service means that Customer accepts and agrees to the changes. Customer is expected to check this page from time to time to be aware of any changes, as they are binding.

Services & Check-In/Check-Out

Upon confirming acceptance of Services requested by Customer, Squirrel Box shall prepare the Services as described on the Website and requested by Customer, which may include arranging items, materials, tools, devices, or other products (“Equipment”) at a campsite (“Campsite”) located on property controlled by a third party (the property and the controlling party collectively the “Park”) during the requested period of time (“Service Date”). 


Squirrel Box shall schedule a time on the first day of the Service Date to meet with Customer at the Campsite and verify Squirrel Box’s initial provision of the Equipment (“Check-In”), and shall schedule a time on the final day of the Service Date to meet with Customer at the Campsite and verify the return of the Equipment to Squirrel Box (“Check-Out”).

 

With respect to Check-In and Check-Out, Customer agrees to the following:

  • If the Customer is not present at the Campsite during Check-In, Squirrel Box may, at its sole discretion, cancel the Services without any refund or cancellation of fees.

  • If Customer makes prior arrangement with Squirrel Box to waive Customer’s presence during Check-In, Squirrel Box shall unilaterally verify the initial presence and condition of Equipment.  Customer acknowledges the risk of waiving Customer’s presence at Check-In, and accepts Squirrel Box’s unilateral verification of the presence and condition of Equipment, which may be used to determine whether Equipment is missing or damaged upon completion of the Services.

  • Customer must be present at the Campsite during Check-Out.  If Customer is not present at the Campsite during Check-Out, Squirrel Box shall unilaterally verify the presence and condition of Equipment.  Customer accepts Squirrel Box’s unilateral verification, which may be used to determine whether Equipment is missing or damaged.

  • Whether Customer is present at the Campsite or not during Check-In, Squirrel Box may, at its sole discretion, cancel the Services with a partial, full, or no refund if Squirrel Box determines upon Check-In that (i) the Campsite is not safe or otherwise suitable for the Services or Equipment for any reason whatsoever, or (ii) Customer or Customer’s Guests are not able to safely use the Equipment for any reason whatsoever.

 

With respect to the Park, Customer agrees to the following:

  • Customer is responsible for reserving the Campsite at the Park for the Service Date.

  • Customer is responsible for accurately providing the location of the Campsite, the identity of the Park, and the days and times of the Service date to Squirrel Box at the time of the Service request.

  • Squirrel Box will attempt to verify Customer’s reservation of the Campsite during the Service Date, and will attempt to contact Customer if the Park has no record of Customer’s reservation of the Campsite, or if the Park will not allow Squirrel Box to access the Campsite.

  • If Squirrel Box is unable to verify Customer’s reservation or is prohibited from accessing the Campsite for any reason, and is unable to reach Customer or unable to resolve these conflicts prior to the Service Date, Squirrel Box may, at its sole discretion, cancel the Services without any refund or cancellation of fees.

 

With respect to the Services, Customer agrees to the following:

  • Customer shall pay to Squirrel Box the fees set forth on the request confirmation or order form for any requested Services (“Service Fee”).

  • Customer shall make each Guest aware of the existence of these Terms of Service, and that these Terms of Service apply to each Guest as a result of Guest’s access to and use of the Services.

  • Customer shall review any rules or guidelines for the Park at which the Services are provided, and shall ensure that Customer and Customer’s Guests comply with those rules or guidelines.

  • Customer shall review all manuals, documentation, and instructions (“Equipment Guides”) that are (i) provided by Squirrel Box with the Equipment, (ii) attached to the Equipment, or (iii) otherwise communicated to Customer, prior to using the Equipment, and shall ensure that Customer and any Guests avoid using the Equipment in any way that is inconsistent with the Equipment Guides.  Even in the absence of any Equipment Guides or particular instructions in the Equipment Guides, Customer shall, and shall ensure that Guests, use the Equipment in a careful and proper manner at all times.

  • Customer shall not modify, service, repair, or replace any part of the Equipment without Squirrel Box’s prior consent.

  • Customer shall avoid any damage to or loss of the Equipment, whether such damage occurs as a result of use by Customer or a Guest, and shall alert Squirrel Box to any loss of or damage to the Equipment regardless of the cause.

  • If Squirrel Box determines that any Equipment has been damaged or lost after Check-In and prior to Check-Out, Customer shall pay to Squirrel Box the current retail price for full replacement of the damaged Equipment, as well as any Service Fees lost or made unavailable to Squirrel Box as a result of unavailability of the Equipment during replacement (collectively, the “Equipment Fee”).  Upon determining any Equipment Fee, Squirrel Box shall provide to Customer a summary of damaged or lost Equipment, which may include photographs and written documentation generated during Check-In and Check-Out.

  • Customer irrevocably authorizes Squirrel Box to immediately submit one or more transactions for payment of Service Fees and Equipment Fees, as such Fees are incurred, on the credit card that was provided by Customer at the time of the request for Services.  Transactions for Equipment Fees may occur at any time during the Service Date or after Check-Out if Squirrel Box determines, in its sole discretion, that such Equipment Fees are warranted based upon damaged or missing Equipment.

  • Squirrel Box shall at all times retain ownership and title to the Equipment. Customer shall immediately notify Squirrel Box in the event Equipment is levied, has a lien attached or is threatened with seizure. Customer shall indemnify and hold Squirrel Box harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

 

Cancellation Policy

Any request to cancel the Services should be communicated to Squirrel Box directly, as soon as possible, by contacting us at 513-488-1010.

In circumstances where the cancellation is a result of an issue with the Park or the Campsite that is outside of Customer’s control and was not foreseeable at the time of request for the Services, Squirrel Box may, at its sole discretion, provide a full, partial, or no refund depending upon the circumstances and the immediacy with which Customer makes Squirrel Box aware of any such issue.

For all other cancellation requests, Squirrel Box will make commercially reasonable efforts to accommodate Customer’s cancellation requests according to the following guidelines:

  • Customer will be responsible for 0% of the Service Fee for cancellation requests received more than three weeks prior to the Service Date.

  • Customer will be responsible for 25% of the Service Fee for cancellation requests received more than two weeks prior to the Service Date.

  • Customer will be responsible for 50% of the Service Fee for cancellation requests received more than one week prior to the Service Date.

  • Customer will be responsible for 75% of the Service Fee for cancellation requests received more than 48 hours prior to the Service Date.

  • Customer will be responsible for 100% of the Service Fee for cancellation requests received within 48 hours of the Service Date.

 If Squirrel Box shows up to setup your campsite and the camp office does not have your camp ground reservation, we will make efforts to contact you to confirm your camp ground reservation and location. If the camp ground reservation still does not exist you will be charged in full.

Squirrel Box will schedule a camp “check-in” time on your first day of Squirrel Box services.  The person who ordered Squirrel Box services must be present to ensure proper setup of camp and camping supplies are delivered.  If there is a "no-show", Squirrel Box has the right to cancel Squirrel Box services and you will be charged in full.

Squirrel Box reserves the right to cancel any services before and during the scheduled services for the entire or remaining charges left on the service.

 

Accessing the Website and Account Security

Squirrel Box reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in its sole discretion without notice. Squirrel Box will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Squirrel Box may restrict access to some parts of the Website, or the entire Website, to users.

Customer is responsible for:

  • Making all arrangements necessary to have access to the Website.

  • Ensuring that all persons who access the Website through Customer’s internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, Customer may be asked to provide certain registration details or other information. It is a condition of Customer’s use of the Website that all the information Customer provides on the Website is correct, current, and complete. Customer agrees that all information provided to register with this Website, request any Service, or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Squirrel Box Privacy Policy www.squirrelboxcamping.com/privacypolicy, and Customer consents to all actions Squirrel Box takes with respect to Customer’s information consistent with the Privacy Policy.

If Customer chooses, or is provided with, a user name, password, or any other piece of information as part of Squirrel Box security procedures, Customer must treat such information as confidential, and Customer must not disclose it to any other person or entity. Customer also acknowledges that Customer’s account is personal to Customer and agree not to provide any other person with access to this Website or portions of it using Customer’s user name, password, or other security information. Customer agrees to notify Squirrel Box immediately of any unauthorized access to or use of Customer’s user name or password or any other breach of security. Customer also agrees to ensure that Customer exits from Customer’s account at the end of each session. Customer should use particular caution when accessing Customer’s account from a public or shared computer so that others are not able to view or record Customer’s password or other personal information.

Squirrel Box has the right to disable any user name, password, or other identifier, whether chosen by Customer or provided by us, at any time in its sole discretion for any or no reason, including if, in its opinion, Customer has violated any provision of these Terms of Service.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Squirrel Box, 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.

These Terms of Service permit Customer to use the Website for Customer’s personal, non-commercial use only. Customer must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as necessary to request or access the Services.

Customer must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

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

No right, title, or interest in or to the Website or any content on the Website is transferred to Customer, and all rights not expressly granted are reserved by Squirrel Box. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

Squirrel Box’s name, the Squirrel Box logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Squirrel Box or its affiliates or licensors. Customer must not use such marks without the prior written permission of Squirrel Box. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

Customer may use the Website only for lawful purposes and in accordance with these Terms of Service. Customer agrees not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

  • To impersonate or attempt to impersonate Squirrel Box, a Squirrel Box employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  • 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 Squirrel Box or users of the Website or expose them to liability.

Additionally, Customer agrees not to:

  • 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.

  • 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.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Squirrel Box’s prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • 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.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

Disclaimer of Warranties

  • Due to the nature of Services provided by Squirrel Box, Customer understands that Squirrel Box cannot and does not provide any guarantee or warranty related to the Services, Equipment, or Park, or Customer’s ability to access and make use of the Services, Equipment, or Park. In particular, Customer acknowledges that:

    • Environmental factors associated with the Park such as weather conditions, terrain conditions, the presence of plants, animals, insects, humans, and other inhabitants of the park, may present a risk of injury to Customer, and may impact Customer’s ability to make use of or enjoy the Services.

    • Portions of the Park, or the entire Park may not be accessible during the Services, including the portion of the Park at which the Services have been arranged.

    • The Equipment provided with the Services may not function for its intended purpose during the Services.

  • Customer understands that Squirrel Box cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer’s particular requirements for anti-virus protection and accuracy of data input and output.

  • TO THE FULLEST EXTENT PROVIDED BY LAW, SQUIRREL BOX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT CUSTOMER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO CUSTOMER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO CUSTOMER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

  • CUSTOMER’S USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT CUSTOMER’S 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, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SQUIRREL BOX NOR ANY PERSON ASSOCIATED WITH SQUIRREL BOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER SQUIRREL BOX NOR ANY PERSON ASSOCIATED WITH SQUIRREL BOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, ACCESSIBILITY, SAFETY, OR USABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SQUIRREL BOX NOR ANYONE ASSOCIATED WITH SQUIRREL BOX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SQUIRREL BOX WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, Or ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS.

  • TO THE FULLEST EXTENT PROVIDED BY LAW, SQUIRREL BOX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, THE SERVICES, OR THESE TERMS OF SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability and Assumption of Risk

  • Customer acknowledges that accessing and using the Services, Equipment, Park, and Campsite may give rise to the risk of personal injury and/or property damage. Customer and Customer’s Guests voluntarily assume all such risk and release and discharge Squirrel Box from any and all liens, liabilities, and claims arising in connection with the same.

  • TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SQUIRREL BOX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF SQUIRREL BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • IN NO EVENT SHALL SQUIRREL BOX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SQUIRREL BOX BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM. 

Indemnification

Customer shall indemnify, defend, and hold harmless Squirrel Box and its officers, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind that are incurred by Indemnified Party (collectively, “Losses”), including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under these Terms of Service, and the cost of pursuing any insurance providers, where such Losses relate to any claim of a third party, including Guests or the Park, arising out of or occurring in connection with Customer’s or Customer’s Guest’s negligence, willful misconduct, or breach of these Terms of Service, or arising out of any Customer or Guest use of or access to the Equipment, Park, or Services.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Squirrel Box does not warrant the accuracy, completeness, or usefulness of this information. Any reliance Customer places on such information is strictly at Customer’s own risk. Squirrel Box disclaims all liability and responsibility arising from any reliance placed on such materials by Customer 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 Squirrel Box, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Squirrel Box. Squirrel Box is not responsible, or liable to Customer or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

Squirrel Box may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Squirrel Box is under no obligation to update such material.

Information About Customer and Customer’s Visits to the Website

All information Squirrel Box collects on this Website is subject to the Privacy Policy www.squirrelboxcamping.com/privacypolicy. By using the Website, Customer consents to all actions taken by Squirrel Box with respect to Customer’s information in compliance with the Privacy Policy.

 

Linking to the Website and Social Media Features

Customer may link to the Website homepage, provided Customer does so in a way that is fair and legal and does not damage Squirrel Box’s reputation or take advantage of it, but Customer must not establish a link in such a way as to suggest any form of association, approval, or endorsement by Squirrel Box.

Subject to the foregoing, Customer must not cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, link to any part of the Website other than the homepage, otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

Customer agrees to cooperate with Squirrel Box in causing any unauthorized framing or linking immediately to stop. Squirrel Box reserves the right to withdraw linking permission without notice. Squirrel Box may disable all or any social media features and any links at any time without notice in its discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for Customer’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Squirrel Box has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Customer’s use of them. If Customer decides to access any of the third-party websites linked to this Website, Customer does so entirely at Customer’s own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Ohio in the United States. Squirrel Box provides this Website for use only by persons located in the United States. Squirrel Box makes 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 Customer accesses the Website from outside the United States, Customer does so on Customer’s own initiative and is responsible for compliance with local laws.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service 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 Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Cincinnati and County of Hamilton. Customer waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.

Arbitration

At Squirrel Box’s sole discretion, it may require Customer to submit any disputes arising from the use of these Terms of Service, the Website, or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Relationship of the Parties

The relationship between Squirrel Box and Customer is that of independent contractors. The details of the method and manner for performance of the Services by Squirrel Box shall be under its own control, Customer being interested only in the results thereof. Squirrel Box shall be solely responsible for supervising, controlling and directing the details and manner of the completion or provision of the Services. Nothing in these Terms of Service shall give the Customer the right to instruct, supervise, control, or direct the details and manner of the completion or provision of the Services.

 

Force Majeure

Squirrel Box shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in fulfilling or performing any aspect of the Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Squirrel Box including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Term

Customer is subject to these Terms of Service during Customer’s use of the Website, through completion of the Services, and after the completion of the Services to the extent that some or all of these Terms of Service would, by their nature, reasonably be expected to remain in force beyond the completion of the Services.  This includes but is not limited to Customer’s obligation to pay any Service Fee or Equipment Fee, as well as Customer’s obligations and Squirrel Box’s rights described under the headings Intellectual Property Rights, Trademarks, Disclaimer of Warranties, Limitation on Liability, Indemnification, Arbitration, and Limitation on Time to File Claims. 

 

Miscellaneous

No waiver by Squirrel Box of any term or condition set out in these Terms of Service 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 Squirrel Box to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service 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 Service will continue in full force and effect.

The Terms of Service, the Privacy Policy, and other terms incorporated herein by reference constitute the sole and entire agreement between Customer and Squirrel Box LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or the Services.

Customer may not, without the prior written consent of Squirrel Box, transfer or assign these Terms of Service or any part thereof, and any attempt to do so shall be void.

Paragraph headings used in these Terms of Service are for reference only and shall not be used or relied upon in the interpretation of these Terms of Service.

Customer’s Comments and Concerns

This website is operated by Squirrel Box LLC, PO Box 121, West Chester, OH  45071.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@squirrelboxcamping.com.

0140804.0714105   4825-7249-5496v2

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