Terms and Conditions
Please read these terms and conditions carefully before using the Website (as defined below). Please note that these terms only apply to the use of the Website. For the terms and conditions governing your use of Our Campuswire service, please visit https://campuswire.com/terms.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE CAMPUS PRIVACY POLICY AND ACCEPTABLE USE POLICY (DEFINED BELOW). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE WEBSITE. YOUR USE OF THE WEBSITE, AND CAMPUS'S PROVISION OF THE WEBSITE TO YOU, CONSTITUTES AN AGREEMENT BY CAMPUS AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF CAMPUS AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE INFORMATIONAL AND PROMOTIONAL MESSAGES WITH INFORMATION ABOUT CAMPUS'S PROGRAMS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the section titled “Definitions” below or as otherwise defined where they are first used. The terms shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- "Country" refers to: United States
- "Company" (referred to as either "Campus", "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to CampusGroup, Inc. of 32 Avenue of the Americas, Suite 1701, New York, NY 10013.
- "Device" means any device that can access the Website such as a computer, a cellphone or a digital tablet.
- "Terms and Conditions" (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
- "Website" refers to the https://campus.edu website.
- "You" refers to the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
These Terms and Conditions apply to all visitors, users and others who access or use the Website.
You represent that you are over the age of 18.
Please read the Campus Privacy Policy and Acceptable Use Policy carefully before using the Website. The Campus Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. The Campus Acceptable Use Policy sets forth rules that apply to Your use of any of the Company and its consolidated subsidiaries website, software, services, or equipment.
Limited License
Subject to Your complete and ongoing compliance with these Terms and Conditions, the Company grants You, solely for Your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website.
Intellectual Property
The Website is owned and operated by the Company. The Website and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code and all content, features, functionality, and elements of the Website) (collectively, the "Content") are and will remain the exclusive property of the Company and its licensors. Except as expressly authorized by the Company, You may not make use of the Content. The Company reserves all rights to the Materials not granted expressly in these Terms.
The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Except and solely to the extent such a restriction is impermissible under applicable law, You may not: (a) reproduce, distribute, publicly display, or publicly perform the Website; (b) make modifications to the Website; or (c) interfere with or circumvent any feature of the Website, including any security or access control mechanism. If You are prohibited under applicable law from using the Website, You may not use it.
Information You Submit
Do not submit any information or other materials that You consider confidential or proprietary through the Website. If You choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Website ("Feedback"), then You do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and You hereby grant Campus an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Website and create other products and services.
Links to Other Websites
The Website may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
SMS Messaging and Calling
By entering Your contact information and clicking "Submit," You agree that Campus may call You and send You recurring informational and promotional text (SMS) messages with information about Campus programs as part of the services described in these Terms and Conditions and the Campus Privacy Policy. You understand and agree that these calls and texts may be sent using an autodialer and that Your agreement is not a condition of any purchase or condition of using the services.
You may opt out of receiving calls and text (SMS) messages from Campus at any time by (i) replying "STOP" to any text (SMS) message You receive from Campus or (ii) sending an email to privacy@campus.edu indicating that You no longer wish to receive such calls and/or texts, along with Your phone number. Text "HELP" for help. Message and data rates may apply, and carriers are not liable for delayed or undelivered messages. You acknowledge that opting out of receiving calls and text (SMS) messages may impact Your use of the services.
Term; Termination
These Terms are effective beginning when You accept the Terms or first access, or use the Website, and ending when terminated as described in this Section titled "Term; Termination". If You violate any provision of these Terms, Your authorization to access the Website and these Terms automatically terminate.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website, including any Content, will cease immediately.
Upon termination of these Terms: (a) Your license rights will terminate and You must immediately cease all use of the Website; (b) You will no longer be authorized to access the Website; and (c) the following Sections will survive: Interpretation; Definitions; Acknowledgement; Intellectual Property; Information You Submit; Links to Other Websites; Term and Termination; Indemnity; Limitations of Liability; "As Is" and "As Available" Disclaimer; Governing Law; Dispute Resolution; Internation Use and European Union (EU) Users; United States Legal Compliance; General Terms; Severability; Waiver; Translation Interpretation; Modification of the Website; Consent to Electronic Communication.
Indemnity
To the fullest extent permitted by law, You are responsible for Your use of the Website, and You will defend and indemnify Campus and its officers, directors, employees, consultants, Affiliates, subsidiaries and agents (together, the "Campus Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) Your unauthorized use of, or misuse of, the Website; (b) Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) Your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between You and any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with Our defense of those claims.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE CAMPUS ENTITIES UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE WEBSITE OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CAMPUS ENTITIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE WEBSITE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF ANY CAMPUS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS "LIMITATION OF LIABILITY" SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF THE CAMPUS ENTITIES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE CAMPUS ENTITIES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE CAMPUS ENTITIES NOR ANY OF THEIR PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF ANY CAMPUS ENTITIES ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR FROM ANY CAMPUS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CAMPUS ENTITIES OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE CAMPUS ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WEBSITE OR YOUR USE OF THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE) OR ANY LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. Campus does not disclaim any warranty or other right that Campus is prohibited from disclaiming under applicable law.
Governing Law
The laws of the State of New York shall govern these Terms and Your use of the Website without regard to conflict of law principles that would result in the application of the laws of another jurisdiction.
If you are a Brazilian resident, you agree that these Terms of Use shall be governed by the laws of the Federative Republic of Brazil, without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction. The court of the city where you reside is elected to settle any disputes that cannot be resolved amicably.
Arbitration
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company. Subject to the foregoing, any dispute, claim or controversy arising out of or relating to these Terms or the breach thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined, where permitted by law, by arbitration in New York County before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Class Action Waiver
YOU AND CAMPUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
International Use and European Union (EU) Users
We make no representation that the Website is appropriate or available for use outside of the United States. Access to the Website from countries or territories or by individuals where such access is illegal is prohibited. If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
General
These Terms, together with the Campus.edu Privacy and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between You and Campus regarding Your use of the Website. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without Our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect Our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to".
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on the Website. To the extent permitted by applicable law, You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms on a going-forward basis at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
Please check these Terms periodically for changes. By continuing to access or use the Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website. Except as expressly permitted in this Section titled "Changes to These Terms and Conditions", these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Modification of the Website
Campus reserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to You. Campus will have no liability for any change to the Website or any suspension or termination of Your access to or use of the Website.
Additional Terms
Your use of the Website is subject to all additional terms, policies, rules, or guidelines applicable to the Website or certain features of the Website that we may post on or link to from the Website or that You agree to in connection with certain technology or services made available to You by or on behalf of Campus (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications
By using the Website, You consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including that those communications be in writing.
Notice to California Residents
If You are a California resident, under California Civil Code Section 1789.3, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Website or to receive further information regarding use of the Website.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us by emailing contact@campus.edu.