Terms Of Use

Welcome to the website of Camp Tamarack and the Fresh Air Society!  These terms and conditions govern your access to and use of this website and all of the various online tools and services that FAS makes available to campers, parents, staff, alumni, fundraisers and donors, and all others users of the website.

The Website is comprised of various web pages operated by the Fresh Air Society. The Website is offered and provided to you based on your acceptance of the Agreement with no modification of the terms, conditions, or notices contained herein.  Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

By using and/or visiting this Website, www.tamarackcamps.com, any of its subdomains or any other website on which a link to this Agreement appears (collectively, referred to as the “Website”), you agree to the following terms with Fresh Air Society and its affiliated entities (“FAS”, “we”, “us” or “our”) regarding use of the Website and the services offered on the Website (individually, the “Service” or collectively, the ”Services.”).  Before being permitted to act as a registered user of, or utilize any other part of, the Website, you must read, agree to, and accept all of the terms in, and linked to, this Terms of Use Agreement (the “Agreement”).  By accepting these Terms of Use, you agree that these Terms, as well as any linked documents made a part of this Agreement such as the Privacy Policy, will apply whenever you use the Website and its related services. Some affiliated websites may have additional or other terms which will apply when you use those sites.

As used in this Agreement, “you” or “User” means both (a) the individual now using the Website, or (b) if applicable, your company, nonprofit, organization or other business or governmental entity.  You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.

I. Permissions and Restrictions.

FAS hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

1. You agree not to alter or modify any part of the Website.
2. You agree not to use the Website for any purpose that is unlawful or otherwise prohibited by the Agreement.
3. You agree not to use the Website in any way that could damage, impair, overburden, or otherwise interfere with the Website, or otherwise interfere with any other party’s access, use, and enjoyment of the Website.
4. You agree not to use the Website to obtain, or attempt to obtain, any materials or information not internationally made public on the Website.
5. You agree not to introduce, intentionally or unintentionally, any kind of virus, Trojan Horse, or malicious computer program to FAS.
6. You agree not to use the Website for any commercial use, without the prior written authorization of FAS.  Prohibited commercial uses include any of the following actions taken without FAS’s express written approval:
   • sale of access to the Website or its related services on another website;
   • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue, as determined in the sole and absolute discretion of FAS;
   • advertise or sell any goods or services;
   • any other use of the Website or its related services that FAS finds, in its sole and absolute discretion, to use FAS resources with the effect of competing with or displacing the market for FAS or its content.
7. FAS reserves the right to discontinue any aspect of the Website at any time, with or without advance notice to you, and without any liability to you for loss or disruption of service.

II. User Submissions and Conduct.

1. The Website may contain certain services, such as online bulletin boards, discussion groups, or chat resources, news groups, forums, communities, calendars and other message or communication facilities (individually, a “Communication Medium” or collectively, the “Communication Media”) designed to enable you to communicate with the public at large or with a specific group by submitted content (“User Submissions”).  You agree to use the Communication Media only to post, send and receive messages and material that are proper and related to the particular Communication Medium. Furthermore, in using the Communication Media, users may have the opportunity to submit or distribute certain content, whether by posting directly on the Website or by other methods.  This may include video content (“User Videos”), photographic content (“User Photos”), and textual content (“User Comments” or “Postings”).  User Videos, User Photos, and User Comments are collectively referred to as “User Submissions.”  You understand that whether or not such User Submissions are published, FAS does not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize FAS use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
3. For clarity, you retain all of your ownership rights in your User Submissions.  This includes any Trademarks provided by you in connection with your use of the Communication Media.  However, by submitting User Submissions to FAS in connection with your use of the Website, you hereby grant FAS a worldwide, non-exclusive, irrevocable, perpetual royalty-free, sublicenseable and transferable license to use, reproduce, distribute, and prepare derivative works of such User Submissions.  FAS may also display and perform the User Submissions in connection with the FAS Website (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the FAS Website (and derivative works thereof) in any media formats and through any media channels, whether by using your name or logo in a press release, case study, or other announcement, or some other method.  You also hereby grant each user of the FAS Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.
4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FAS all of the license rights granted herein.
5. FAS or its owners do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FAS expressly disclaims any and all liability in connection with User Submissions.  FAS does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FAS will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.  FAS reserves the right to remove Content and User Submissions without prior notice.
6. We are not responsible for any user-generated content such as Facebook activity linked to FAS, pictures or text posted to FAS, etc.You are solely responsible for any information that you post to this Website; we are only a passive conduit for your online distribution and publication of your information.  If you post information that is libelous, slanderous, violates any law, or violates the intellectual property rights of anyone else, you will be solely liable for the consequences.  We may take any action, including but not limited to removing the content or suspending or terminating your access, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.

III. Intellectual Property

1. FAS’s Proprietary Rights.   FAS and its licensors shall retain all intellectual property rights in the software, tools, designs, documentation, data and any other material developed or provided by FAS pursuant to these terms and conditions, including but not limited to the Website and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by FAS pursuant hereto.
2. Trademarks.  The names “Camp Tamarack,” “Fresh Air Society,” the domain “www.tamarackcamps.com”, the FAS logo and any other product and service names that we may present on the Website from time to time may not be used in connection with any product or service that is not FAS’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit FAS.  Other trademarks, service marks or logos that appear on the Website or anywhere in connection with the FAS Service, including but not limited to those of nonprofits and local businesses affiliated with FAS, are and remain the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both FAS and the trademark owner.
3. Copyright.  All content on this Website is owned by FAS, the nonprofits or businesses registered with FAS, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice.  No other use of the content is permitted without the express prior permission of FAS, and, where applicable, the copyright holder.  Inquiries and permission requests may be sent to _____.

IV. Digital Millennium Copyright Act.

1. FAS is protected under Title II of the Digital Millennium Copyright Act (“DMCA”).  As such, FAS will respond to any allegations of copyright violations in accordance with the DMCA.  Below you will find our policies and takedown notices as required by the DMCA. The following applies to any and all copyright/trademark and owners of intellectual property interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down.FAS will follow the procedures provided in the DMCA to properly enforce rights of copyright holders.  When a proper DMCA notification is received by the designated DMCA Agent, or an administrator becomes otherwise aware that copyright rights are infringed, we will remove or disable access to infringing materials as soon as possible.  FAS will not necessarily send a confirmation regarding the removal/disabling.
2. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
   • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Agent.  FAS’s designated Copyright Agent to receive notifications of claimed infringement may be contacted through its offices at 248-647-1100.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, reports of abuse, requests for technical support, and other communications should be directed to FAS customer service through 248-647-1100.  You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
4. Counter-Notice. If you believe that your User Submission 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 post and use the content in your User Submission, you may send a 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 e-mail address, a statement that you consent to the jurisdiction of Oakland County, Michigan, 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, FAS may 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 FAS’s sole discretion.

FAS will act on all abuse reports and confront offending users. Users found to be guilty of our user agreement or any infringement will either receive a warning or be removed from the community, with sole discretion as to handling of the infraction remaining with FAS.

V. Warranty Disclaimer.

YOU AGREE THAT YOUR USE OF THE FAS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FAS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAS WEBSITE. FAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAS WEBSITE OR ANY LINKED THIRD PARTY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

VI. Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL FAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS INSURERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. YOU SPECIFICALLY ACKNOWLEDGE THAT FAS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  IN NO EVENT SHALL FAS BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED BY YOU.  The Website is controlled and offered by FAS from its facilities in the United States of America.  FAS makes no representations that the FAS Website is appropriate or available for use in other locations.  Those who access or use the FAS Website from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan.

VII. Indemnity.

You agree to defend, indemnify and hold harmless FAS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the FAS Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Terms of Use and your use of the FAS Website.

VIII. Ability to Accept Terms of Use.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  In any case, you affirm that you are over the age of 13, as the FAS Website is not intended for children under 13.  If you are under 13 years of age, then please do not use the FAS Website without consent of a parent or guardian.

IX. Assignment.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FAS without restriction.

X.  Non-Disparagement.

You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn, or impugn the personal, professional, or business reputation of FAS, the Website, and/or FAS’s officers, directors, employees, licensors, attorneys, owners, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation, any communication that could have the effect of or intention of which is to cause embarrassment, disparagement, damage or injury to the reputation, business, or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.

XI. Privacy.

We do not use your personal information to send you marketing emails without your explicit consent.  We also do not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent.  We use your information only as described in the FAS Privacy Policy and in accordance with the Information Transmission guidelines established by these Terms and Conditions.  You can access and modify the information you provide us and choose not to receive certain communications by modifying your preferences.  For a complete description of how your personal information may be used on the Website and your choices in this regard, please see the FAS Privacy Policy.  Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy please do not register or use our Website.

XII. Disclosure.

Notwithstanding anything to the contrary, and in addition to the terms established herein, FAS may disclose personally identifiable information, business records, and other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate this Website or FAS’s business; (2) If a court order, arbitration order or governmental administrative agency order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested services; or (4) FAS finds that your actions violate FAS’s policies or usage guidelines.   In addition, FAS may disclose anonymous information including, without limitation, your occupation, location, and use of the Website to illustrate patterns and trends.

XIII. General.

You agree that: (i) the FAS Website shall be deemed solely based in Michigan; and (ii) the FAS Website shall be deemed a passive website that does not give rise to personal jurisdiction over FAS, either specific or general, in jurisdictions other than Michigan.  These Terms of Use shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles.  Except for the equitable enforcement of this Agreement, any claim or dispute between you and FAS shall be decided exclusively through the procedures and policies of the American Arbitration Association unless other procedures are agreed upon in writing by the FAS.  Venue for such hearings shall be in Oakland County, Michigan.  The costs of arbitration shall be split equally between the parties.  These Terms of Use, together with the Privacy Policy (available at 248-647-1100) and any other legal notices published by FAS on the Website, shall constitute the entire agreement between you and FAS concerning the FAS Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  Neither these Terms of Use nor any terms contained herein shall be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties, except where expressly specified.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FAS’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  FAS reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.  Your use of the FAS Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.  You may be asked to provide feedback regarding the Website and hereby grant FAS a perpetual, royalty free unlimited license to use and/or incorporate such feedback into the Website or any other product of FAS.  If any term or provision this Agreement is unenforceable, all remaining terms shall remain in full force and effect as if such invalid or unenforceable term/provision had never been included.  YOU AND FAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FAS WEBSITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

XIV. Posting Guidelines – FAS User Conduct Guidelines.

You must at all times use FAS in a responsible and legal manner.  We trust you to be responsible, and thousands of other users respect that trust.  The following is a list of guidelines we expect you to follow as you post in the Communication Media and submit content elsewhere on the FAS site.

1. No illegal content.
2. No foul, rude, or abusive language.  We are trying to maintain a family environment and such language is not appropriate or necessary.
3. Do not misrepresent your identity or your affiliation with any person, nonprofit, organization, or business.
4. Do not send junk email or spam to people who do not wish to receive mail from you.  This includes conducting, displaying, promoting or forwarding surveys, contests, raffles, lotteries, pyramid schemes or chain letters to FAS Users, whether or not such activity is generated on the FAS Website.
5. You may not collect or store personal data about other Users including email addresses except where expressly authorized to do so.
6. We encourage free speech and defend everyone’s right to express unpopular points of view.  But, we don’t permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).  Content with racist or extremist comments or content are not allowed.  This includes links to sites with such content.
7. Actions like predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts, crimes, or to violate the Terms of Use are taken very seriously at FAS.  Anyone caught doing these activities may be permanently banned from FAS and may be reported to law enforcement.
8. Unsolicited posts by companies and/or individuals promoting themselves, a website, or a product are not allowed.

XV. Children’s Access to the Website

If you are under the age of 13, we ask that you only access our site when accompanied by your parent or guardian.  FAS will not request any information from a person younger than age 13, in compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA) and will not knowingly accept personal information from a child younger than age 13 for any purpose.  We may ask for your year of birth to verify age, Alumni status, and other camp-related purposes.

We Enforce These Guidelines

FAS staff periodically reviews content to determine whether it violates the Terms of Use.  However, FAS does not and cannot review all information and materials that may be viewed on the Website.   You acknowledge that FAS is acting as a conduit by allowing you to submit and view materials through the Website and is not liable for any content viewed through the Website.  When FAS reviews inappropriate content, FAS removes them if deemed appropriate in its sole and absolute discretion.