|
|
|
|
| TERMS OF SERVICE |
|
USER AGREEMENTS |
| |
By visiting, using or registering for the Website or any Service, you agree to be bound by the terms and conditions of this Terms of Service, including any changes which CampusMint may determine to make to this Terms of Service from time to time. Additionally, if you register for or use a specific Service, you also agree to be bound by any specific terms and conditions or rules ("Rules") applicable for such Service as provided directly to you or posted on the Website. If you do not agree with this Terms of Service, the Privacy Policy and any applicable Rules, you may not register with, access or use the Website or the Service. By using the Website or the Service and/or by providing any information to CampusMint, you warrant and represent that (i) you have read, understood and agree to be bound by this Terms of Service; (ii) you are at least 18 years of age, or you are older than 13 but not yet 18 years of age and have parental permission to use the Website and Service; (iii) you are the owner of the Device whose phone number you are entering, or if you do not own the Device, you have explicit permission from the owner of the Device to use the Device, enter the phone number for such Device (iv) you are a resident of the U.S.. |
| |
|
|
USE OF WEBSITE AND SERVICE |
| |
To use the Service, you must have a mobile communications subscription with a participating carrier (a "Carrier") for your Device or otherwise have access to a mobile communications network for which CampusMint makes the Service available and pay any service fees associated with any such access (for example, all standard messaging fees charged by your Carrier). We make no representation as to compatibility of your Device with the Website, the Services or the Content. You are responsible for enabling certain functionalities of your Device, such as a data plan and text messaging, which are required in order to participate in various elements of the Service. In addition, you must provide all equipment and software necessary to connect to the Website and Service (as they exist today or as modified or upgraded), including, but not limited to, computer equipment, Internet access, a mobile hand set or other mobile access Device that is in working order and suitable for use in connection with the Service. Carriers may impose limitations on delivery of certain types of content, so you should check with your Carrier to determine whether any transmission limitations will apply to any Service you have or may decide to register for. |
| |
|
| |
In order to use the Services, you must provide CampusMint your Device phone number (the "Device Data"). You agree to provide current, complete and accurate Device Data and you agree to update your Device Data and other account information as necessary to keep it current, complete and accurate. CampusMint will use your Device Data and other account information in accordance with its Privacy Policy. CampusMint shall have no liability associated with or arising from your failure to maintain current Device Data, including, but not limited to, your failure to receive critical information. You are responsible for all activities conducted under your account, whether or not you authorized such activity. |
|
CHARGES |
| |
When you register for CampusMint services, third party charges such as from your Carrier, may apply when you register for and/or use a Service. Please review your agreement with your Carrier or contact your Carrier for more details. |
| |
|
|
CHANGES TO THIS TERMS OF SERVICE |
| |
CampusMint reserves the right at any time and from time to time to amend, supplement or modify the terms of this Terms of Service. We will post or display notices of material changes on the Website and those changes will become effective ten (10) days after the date of posting. Your continued use of the Website and/or Service after the changes become effective, signifies your agreement to bound by such modified Terms of Service. |
| |
|
|
PRIVACY |
| |
All personally identifiable information you provide in connection with your use of the Website and Service is subject to the CampusMint Privacy Policy. |
| |
|
|
PROMOTIONS, GIVEAWAYS AND ADVERTISING |
| |
CampusMint and/or its Affiliates may present advertisements and promotional materials on or through the Website and any Service. Your participation in any such promotional event is subject to any applicable Rules associated with that event as described on the Website. Other third party charges, such as from your Carrier, may apply when you participate in such an event. Please review your agreement with your Carrier or contact your Carrier for more details. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither CampusMint nor its Affiliates shall be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website or Service. |
| |
|
|
LINKS TO THIRD-PARTY SITES |
| |
The Website and the Service may include links to third-party websites not owned or operated by CampusMint (the "Third Party Websites"). These links are provided only as a convenience to you. Neither CampusMint nor its Affiliates are responsible for the availability of such Third Party Websites or their contents, nor will CampusMint or its Affiliates have any liability, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding Third Party Websites to those sites' administrators. |
| |
|
|
INDEMNITY |
| |
You agree to indemnify and hold harmless CampusMint and its employees, officers, directors, parents, subsidiaries, agents, contractors, suppliers, affiliates and/or licensors (the "Affiliates") from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (A) any third party access, use or misuse of the Website, Service or Content, through the Devise or under your account, whether or not authorized by you, or (B) your violation of these Terms of Service, the Privacy Policy, applicable Rules or any applicable laws (collectively "Claims"), and agree to reimburse them on demand for any liabilities, losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims, including costs of defense of such Claim. |
| |
|
|
CHANGES TO OR TERMINATION OF WEBSITE AND/OR SERVICE |
| |
To cancel service for which you are registered, you should send via email at unsubscribe@campusmint.com.
You agree that CampusMint, in its sole discretion, may immediately suspend or terminate your use of the Website and/or any Service, or any part thereof, with or without notice to you, if you have (or if CampusMint believes that you have) violated any provision of this Terms of Service, the Privacy Policy or any applicable Rules. You are responsible for all activities conducted under your account, whether or not you authorized such activity. Upon termination, CampusMint may immediately deactivate or delete your account and all related information and files in your account, and may bar any further access to your account or Services by you. If CampusMint suspends or terminates your use under this paragraph, you agree that CampusMint shall have no liability or responsibility to you, and CampusMint will not refund any portion of your fees paid to date.
|
| |
You understand and agree that your sole right and remedy with respect to any dispute with CampusMint is to cancel your use of the Service. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Terms of Service or CampusMint's enforcement or application of the same; (2) any CampusMint policy or practice, including its Privacy Policy or CampusMint's enforcement or application of such policies or practices; (3) the Website, any Service and the Content; and (4) your use of and/or ability to access and use the Website, Service or Content. You can cancel your account by delivering notice to CampusMint as specified above. |
| |
|
|
DISCLAIMERS |
| |
YOUR USE OF THE WEBSITE, SERVICE AND CONTENT, IS SOLELY AT YOUR OWN RISK. THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY CampusMint OR ITS AFFILIATES, AS APPLICABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CampusMint AND ITS AFFILIATES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE WEBSITE, SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, SERVICE OR CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE WEBSITE, SERVICE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE WEBSITE, SERVICE OR CONTENT.
UNDER NO CIRCUMSTANCES SHALL CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE, BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, SERVICE OR CONTENT, EVEN IF CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, CampusMint AND/OR ITS AFFILIATES, AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
CampusMint WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY, INCLUDING THE OWNER OF THE DEVICE, FOR ANY CONTENT OR ANY OTHER ASPECT OF THE WEBSITE OR SERVICE THAT ANYONE MIGHT FIND OBJECTIONABLE. |
| |
|
|
REMEDIES |
| |
You agree that any unauthorized use of the Website, Service or Content would result in irreparable injury to CampusMint and its Affiliates for which money damages would be inadequate, and in such event CampusMint and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Terms of Service shall be construed to limit the remedies or relief available pursuant to statutory or other claims that CampusMint or its Affiliates may have under separate legal authority, including but not limited to any claim for intellectual property infringement. |
| |
|
|
MISCELLANEOUS |
| |
This Terms of Service, and all terms or documents referred to herein, including without limitation, the Privacy Policy and Rules, represent your entire agreement with CampusMint regarding your use of the Website and Services, including, without limitation, the Content. Except as expressly set forth herein, this Terms of Service does not confer any rights or remedies upon any person other than the parties to this Terms of Service and the Affiliates. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. |
| |
The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of CampusMint. The remedies of CampusMint and/or the Affiliates under this Terms of Service shall be cumulative. |
| |
Your rights under this Terms of Service are not assignable or transferable. You agree not to resell or transfer the Service including, without limitation, the Content or any portion thereof. |
|
|
|
|
|
|
|