1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing access to and use of the WorkatKOA.com Website (the “Site”) by persons representing franchisees of Kampgrounds of America, Inc. (“KOA”) – that is, independent campground owners and operators – and persons seeking employment with KOA campgrounds, whether owned and/or operated by a KOA franchisee or KOA (hereinafter any user of the Site, whether a representative of a franchisee or a person seeking employment, is referred to as “you” or “your”).If you do not accept and comply with these Terms and Conditions, you may not use the Site.
2. Binding Agreement. These Terms and Conditions, as KOA may amend them from time to time, form a binding agreement between you and KOA. Your access to or use of the Site constitutes your acceptance of these Terms and Conditions in full, including your agreement to use the Site at your own risk.
3. Copyright Notice. Subject to the express provisions of these Terms and Conditions, KOA, together with any licensors, owns and controls all copyright, trademark, and other intellectual property rights on this Site.
4. License to Use Website. You may: (i) view pages from the Site in a web browser; (ii) download pages from the Site for caching in a web browser; and (iii) print pages from the Site, all subject to the other provisions of these Terms and Conditions. Except as expressly permitted herein, you must not download any material from the Site or save any such material to your computer. You may only use the Site for purposes of searching and applying for employment with KOA or its franchisees, or for purposes of posting or advertising available employment positions and hiring personnel to fill those positions. You must not use the Site for any other purposes. Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on the Site. Unless you own or control the relevant rights in the material at issue and provide KOA with proof of such ownership, you must not: (i) republish material from the Site (including republication on another website); (ii) sell, rent, or sub-license material from the Site; (iii) show any material from the Site in public; (iv) exploit material from the Site for a commercial purpose; or (v) redistribute material from the Site. KOA reserves the right to restrict access to the Site or areas thereof at its discretion. We specifically restrict access to registered sex offenders. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Site. If KOA restricts access to you, any account you have opened will be deleted and your account fees will be forfeited.
5. Acceptable Use. You must not: (i) use the Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability, or accessibility of the Site; (ii) use the Site in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iii) use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (iv) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent of KOA; or (v) use data collected from the Site for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing, and direct mailing). You must not use data collected from the Site to contact individuals, companies, or other persons or entities. You must ensure that all the information you supply to KOA through the Site, or in relation to the Site, is true, accurate, current, complete, and non-misleading.
6. Registration and Accounts. To be eligible for an account with the Site, you must be a resident of or legally situated in the United States or Canada. You may register for an account with the Site by completing and submitting the account registration form on the Site. You must not allow any other person to use your account to access the Site. You must notify KOA in writing immediately if you become aware of any unauthorized use of your account. You must not use any other person's account to access the Site.
7. User Login Details. If you register for an account with the Site, you will be asked to create a username and password. Your username and password must not be liable to mislead and must comply with the content rules set out in Section 10. You must not use your account, username, or password for or in connection with the impersonation of any person. You must keep your password confidential. You must notify KOA in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and Suspension of Account. KOA may suspend, cancel, and/or edit the details of your account at any time in its sole discretion without notice or explanation. You may cancel your account using your account control panel on the Site.
9. Your Content: Rules. You warrant and represent that your content will comply with these Terms and Conditions. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content, and the use of your content by KOA in accordance with these Terms and Conditions, must not: (i) be libelous or maliciously false; (ii) be obscene or indecent; (iii) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (iv) infringe any right of confidence, right of privacy, or right under data protection legislation; (v) constitute negligent advice or contain any negligent statement; (vi) constitute an incitement to commit a crime, instructions for the commission of a crime, or the promotion of criminal activity; (vii) be in contempt of any court, or in breach of any court order; (viii) be in breach of racial or religious hatred or discrimination legislation; (ix) be blasphemous; (x) be in breach of official secrets legislation; (xi) be in breach of any contractual obligation owed to any person; (xii) depict violence in an explicit, graphic, or gratuitous manner; (xiii) be pornographic, lewd, suggestive, or sexually explicit; (xiv) be untrue, false, inaccurate, or misleading; (xv) consist of or contain any instructions, advice, or other information which may be acted upon and could, if acted upon, cause illness, injury, death, or any other loss or damage; (xvi) constitute spam; (xvii) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory; or (xviii) cause annoyance, inconvenience, or needless anxiety to any person.
10. Newsletter. By accepting these Terms and Conditions, you are agreeing to opt-in-to KOA’s bi-monthly “Hot Jobs Newsletter” (hereinafter, the “Newsletter”). The purpose of the Newsletter is to keep you informed of new and upcoming KOA campground jobs across the United States, as well as blog posts. The information contained in the Newsletter is supplied to us through the Site and/or with consent from franchise owners. You shall not copy, reproduce, modify, transmit the content of the Newsletter without the prior written consent of KOA. Under no circumstances may you sell or exploit the Newsletter or any portion thereof. Your use of information contained in the Newsletter is at your own risk; KOA is not responsible for any adverse consequences arising out of such use. KOA reserves the right, to suspend or cancel your subscription to the Newsletter for any reason at any time, with or without notice and without further obligation to you. You can revoke your consent to receive emails at any time by using the “SafeUnsubscribe®”link, found at the bottom of every email.
11. Allocation of Responsibility. KOA assumes no responsibility for your activities, omissions, or conduct. KOA acts only as a portal for the online distribution and publication of information which you create, submit, and/or consume; KOA has no obligation to screen, investigate, or fact-check communications or information sent and/or received through use of the Site. KOA may take any action it deems necessary and/or appropriate with respect to information you or any third parties submit through the Site.
12. No Endorsements by KOA. Nothing on the Site constitutes KOA’s endorsement, representation, or warranty with respect to any information submitted by you or any third party. If you are a franchisee seeking to employ workers, you are responsible for keeping your posting current; if you are an individual seeking employment you are responsible for disclosing fully your work history and related information. We do not represent or guarantee the truthfulness, accuracy, completeness, timeliness, or reliability of any document you or others post on the Site. Documents may contain inaccuracies or typographical errors. You agree that any reliance on documents posted on the Site, or on any other form of communication with persons posting documents on the Site, will be at your own risk.
13. No Guarantee of Results. Neither KOA nor the Site is an employment agency or a recruiting firm. KOA does not represent or guarantee the Site will effectively or timely meet your objectives. KOA does not guarantee employment, or that positions will be filled. KOA is not responsible for the employment decisions you make. If you are hired by a KOA franchisee, you understand that you are not an employee of Kampgrounds of America, Inc.
14. Breaches of these Terms and Conditions. Without prejudice to KOA’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if KOA reasonably suspects that you have breached these Terms and Conditions in any way, KOA may: (i) send you one or more formal warnings; (ii) temporarily suspend your access to the Site; (iii) permanently prohibit you from accessing the Site; (iv) commence legal action against you, whether for breach of contract or otherwise; and/or (v) suspend or delete your account on the Site. Where KOA suspends or prohibits or blocks your access to the Site or a portion thereof, you must not take any action to circumvent such suspension or prohibition or blocking, including, without limitation, creating and/or using a different account. 15. Amendments to these Terms and Conditions and Changes to Site. KOA may revise or change these Terms and Conditions and/or, the Site at any time, with or without notice to you. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions.