GENERAL TERMS AND CONDITIONS
INTRODUCTION
Welcome to CAMPUSTOURS, owned and produced by CAMPUSTOURS, Inc and its subsidiary
and affiliate corporations, successors, and assigns (collectively referred
to as "CAMPUSTOURS"). CAMPUSTOURS currently consists of various
web pages at or linked to the URLs www.CampusTours.com, www.CampusToursProductions.com, www.CollegeViewbooks.com and www.CampusTour.com
collectively referred to as "CAMPUSTOURS," which may expand or
change from time to time). CAMPUSTOURS is currently one of the most visited
college hubs on the Internet. CAMPUSTOURS provides virtual campus tours
of colleges and universities. Unless explicitly stated otherwise, any new
Products and Services (as defined below), including the addition of new
CAMPUSTOURS properties shall be subject to these Terms and Conditions.
CAMPUSTOURS makes available a variety of products and services through
CAMPUSTOURS.com (collectively, the "Products and Services") subject
to these General Terms and Conditions ("Terms and Conditions").
In addition, there are a variety of special products and services offered
through CAMPUSTOURS that have separate terms and conditions, terms of service,
user agreements, or similar legal agreement. When you are using any service
or product on CAMPUSTOURS that does not have a separate legal agreement,
the Terms and Conditions set forth here will apply. CAMPUSTOURS also may
supplement the Terms and Conditions with posted guidelines or rules applicable
to specific areas of CAMPUSTOURS. In addition, CAMPUSTOURS also may offer
other services from time to time that are governed by the terms of service
of the respective service partners.
Because the Terms and Conditions contain legal obligations, please read
them carefully.
Please direct any legal questions to:
General Counsel
CAMPUSTOURS, Inc.
110 Jacques Road
Auburn, ME 04210
The Terms and Conditions contain a variety of provisions that are generally
applicable to the Products and Services and some provisions that apply to
particular Products and Services. The following is a list of the various
provisions in the Terms and Conditions. The headings contained in these
provisions, however, are solely for your convenience and have no legal import.
While this list may help you locate particular provisions, you should understand
that you will be bound by the entire Terms and Conditions.
ACCEPTANCE
By using the Products and Services, you are agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and Conditions
and any other posted guidelines or rules applicable to any individual CAMPUSTOURS
web site, Product or Service. All such guidelines and rules are hereby incorporated
by reference into the Terms and Conditions.
CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms
and Conditions. You acknowledge and agree that CAMPUSTOURS may terminate
your access to CAMPUSTOURS or to any of the Products and Services should
you fail to comply with the Terms and Conditions or any other guidelines
and rules published by CAMPUSTOURS. Any such termination shall be in CAMPUSTOURS'
sole discretion and may occur without prior notice, or any notice. CAMPUSTOURS
further reserves the right to terminate any user's access to CAMPUSTOURS
or to any of the Products and Services for any conduct that CAMPUSTOURS,
in its sole discretion, believes is or may be directly or indirectly harmful
to other users, to CAMPUSTOURS or its subsidiaries, affiliates, or business
contractors, or to other third parties, or for any conduct that violates
any local, state, federal, or foreign laws or regulations. CAMPUSTOURS further
reserves the right to terminate any user's access to CAMPUSTOURS or to any
of the Products and Services for any reason or for no reason at all, in
CAMPUSTOURS' sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to
the World Wide Web and must navigate the Internet to http://www.CampusTours.com/ or another of the URLs associated
with CAMPUSTOURS. CAMPUSTOURS does not discriminate on the basis of age,
gender, race, ethnicity, nationality, religion, sexual orientation, or any
other protected status.
PRIVACY
Click
here to review the complete CAMPUSTOURS Privacy Policy.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, CAMPUSTOURS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST
EXTENT PERMITTED BY LAW, CAMPUSTOURS DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND
SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. CAMPUSTOURS
SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES
FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAMPUSTOURS DISCLAIMS ANY AND
ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR
MATERIAL IN THE PRODUCTS AND SERVICES. CAMPUSTOURS DISCLAIMS ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF
ANY INFORMATION OR MATERIAL. CAMPUSTOURS DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION
OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
CAMPUSTOURS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY
OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY CAMPUSTOURS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL CAMPUSTOURS
BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE
ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF CAMPUSTOURS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS
AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO
THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, CAMPUSTOURS.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY
LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT CAMPUSTOURS.
UNDER NO CIRCUMSTANCES SHALL CAMPUSTOURS BE HELD LIABLE FOR ANY DELAY
OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION
EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES,
STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES
OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR,
GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT,
OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to you.
DISCLAIMER REGARDING THIRD PARTY CONTENT
CAMPUSTOURS offers access to numerous third party web pages and content
available over the Internet. In overwhelming majority instances, including,
but not limited to, sites displayed as search results or contained within
a directory of links, CAMPUSTOURS has no control whatsoever over the content
of such sites. In other instances, including, but not limited to, web pages
hosted on CAMPUSTOURS or provided to CAMPUSTOURS by third parties, CAMPUSTOURS
may set guidelines for what may appear on such web pages and may engage
in certain screening, but generally exercises no control over the content
of such web pages and is unable to police all such content. Third party
content accessible through CAMPUSTOURS from such sources is developed by
people over whom CAMPUSTOURS exercises no control. The search results that
appear from the catalogs indexed by CAMPUSTOURS's employees are third party
sites, and CAMPUSTOURS cannot and does not screen the sites before including
them in the catalogs from which such search results are gathered. Similarly,
web pages hosted by CAMPUSTOURS are posted by third parties, and, with the
exception of certain automated screening functions, CAMPUSTOURS cannot and
does not screen such web pages before they are made accessible to other
users of CAMPUSTOURS. Accordingly, CAMPUSTOURS assumes no responsibility
for the content of any site included in any search results or otherwise
linked to CAMPUSTOURS web sites or in any web page hosted for a third party
within CAMPUSTOURS. In instances where CAMPUSTOURS does review the sites
that are displayed in directories, indices, and/or references, or where
CAMPUSTOURS makes available directories, indices, and/or references of sites
compiled by third parties, the content located at such sites was developed
third parties, and review of such sites by CAMPUSTOURS, if any, is narrowly
limited to that which is necessary for compiling the particular set of links.
DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES,
STREAMS AND SOUNDS LOCATED THROUGH THE CAMPUSTOURS SERVICES
Pictures, movies, streams, and sounds (the "Multimedia Content")
located through the CAMPUSTOURS site and other CAMPUSTOURS search services
are protected by copyright and/or other intellectual property laws. CAMPUSTOURS
does not have the right to authorize you to reproduce, distribute, publicly
display, publicly perform, or create derivative works from any files containing
such Multimedia Content. Where search results link to sites outside CAMPUSTOURS,
all of the Multimedia Content contained on such sites is owned and served
by entities other than CAMPUSTOURS. CAMPUSTOURS provides you with the URL
or address of the Multimedia Content; this information may be used to determine
the server of the Multimedia Content. If you intend to make use of any Multimedia
Content accessed through our site for commercial or noncommercial purposes,
we strongly suggest that you contact the server of the Multimedia Content
for permission to use the Multimedia Content.
ADVERTISERS AND CONTENT LINKED TO CAMPUSTOURS
CAMPUSTOURS may provide, or third parties may provide, links to other sites
or resources located on the World Wide Web by allowing a user to leave CAMPUSTOURS
to access third-party material or by bringing the third party material into
this site via "inverse" hyperlinks and framing technology. CAMPUSTOURS
has no control over such sites and resources. You acknowledge and agree
that CAMPUSTOURS is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that CAMPUSTOURS
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 use of or
reliance on any such content, goods or services available on or through
any such site or resource.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through CAMPUSTOURS Products and Services, 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 advertiser. You agree that CAMPUSTOURS shall
not be responsible or liable 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
advertisers on the Product and Services.
CAMPUSTOURS encourages you to exercise discretion while using the Products
and Services to browse the Internet. CAMPUSTOURS makes no representations
concerning any effort to review the content of any of the sites listed in
search results, or other directories, or of any of the sites otherwise linked
to CAMPUSTOURS web sites. CAMPUSTOURS shall not be held responsible for
the accuracy, copyright or trademark compliance, legality, or decency of
material contained in sites listed in CAMPUSTOURS' search results or otherwise
linked to CAMPUSTOURS web sites or provided to CAMPUSTOURS by third parties.
CAMPUSTOURS LOGOS
Linking to CAMPUSTOURS
CAMPUSTOURS offers a non-assignable, non-transferable, and non-exclusive
license to link to CAMPUSTOURS' web sites, using CAMPUSTOURS logos, subject
to the following provisions. CAMPUSTOURS logos may be placed on a Web site
for the sole purpose of creating a link to CAMPUSTOURS and allowing users
of your site to access the Products and Services on CAMPUSTOURS. CAMPUSTOURS
logos may not be used for any other purpose, including, among other purposes,
to suggest sponsorship by, or affiliation with, or endorsement by CAMPUSTOURS.
CAMPUSTOURS logos may only be used in the exact size, shape, colors, design,
and configuration as found on those web pages. CAMPUSTOURS logos may not
be altered in any manner. CAMPUSTOURS logos must appear by themselves, with
reasonable spacing (at least the height of the logo) between each side of
the applicable logo or search box and other graphic or textual elements.
CAMPUSTOURS logos may not be used to disparage CAMPUSTOURS, its products
or services, or in a manner which, in CAMPUSTOURS's reasonable judgment,
may diminish or otherwise damage CAMPUSTOURS's good will in CAMPUSTOURS
logos. By using any such CAMPUSTOURS logo, you acknowledge that CAMPUSTOURS
has exclusive rights to the logo, and that all good will generated through
your use of the logo will inure to the benefit of CAMPUSTOURS. If you use
CAMPUSTOURS logos, you must include appropriate attribution, for example:
"CAMPUSTOURS Inc". CAMPUSTOURS reserves the right to revoke this
license or to alter its terms from time to time, for any or no reason, with
or without notice. CAMPUSTOURS reserves the right to take action against
any use that does not conform to these provisions.
Permissions
If you would like permission to use any CAMPUSTOURS trademark, logo, service
mark, trade dress, slogan, screen shot, copyrighted design, or other brand
feature, then please contact CAMPUSTOURS.
NO LICENSE; INTELLECTUAL PROPERTY OF CAMPUSTOURS AND OTHERS
Except as expressly provided, nothing within any of the Products and Services
shall be construed as conferring any license under any of CAMPUSTOURS's
or any third party's intellectual property rights, whether by estoppel,
implication, waiver, or otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that certain Content available through
and used to operate CAMPUSTOURS and the Products and Services is protected
by copyright, trademark, patent, or other proprietary rights of CAMPUSTOURS
and its affiliates, licensors, and service providers. Except as expressly
provided to the contrary, you agree not to modify, alter, or deface any
of the trademarks, service marks, or other intellectual property made available
by CAMPUSTOURS in connection with the Products and Services. You agree not
to hold yourself out as in any way sponsored by, affiliated with, or endorsed
by CAMPUSTOURS, any of CAMPUSTOURS' affiliates, or any of CAMPUSTOURS' service
providers. You agree not to use any of the trademarks or service marks or
other Content accessible through CAMPUSTOURS of any purpose other than the
purpose for which such Content is made available to users by CAMPUSTOURS.
You agree not to defame or disparage CAMPUSTOURS, the trademarks or service
marks of CAMPUSTOURS, or any aspect of the Products and Services. You agree
not to adapt, translate, modify, decompile, disassemble, or reverse engineer
the Products and Services or any software or programs used in connection
with the Products and Services or CAMPUSTOURS.
INDEMNITY AND RELEASE
By using CAMPUSTOURS you agree to indemnify CAMPUSTOURS, Inc and its parents,
subsidiaries, affiliates, officers, and employees and hold them harmless
from any and all claims and expenses, including attorney's fees, arising
from your use of CAMPUSTOURS web sites, your use of the Products and Services,
or your submission of ideas and/or related materials to CAMPUSTOURS or from
any person's use of any account or password you maintain with any portion
of CAMPUSTOURS, regardless of whether such use is authorized by you. By
using CAMPUSTOURS, using the Products and Services, or submitting any ideas
and/or related materials to CAMPUSTOURS, you are hereby agreeing to release
CAMPUSTOURS and its parents, subsidiaries, affiliates, officers, and employees
from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever, whether
known or unknown, suspected or unsuspected, disclosed or undisclosed, that
you may have against them arising out of or in any way related to such disputes
and/or to the Products and Services or to any disputes regarding use of
ideas and/or related materials submitted to CAMPUSTOURS. YOU HEREBY AGREE
TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE,
YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or relating
to, your use of CAMPUSTOURS or the Products and Services must be filed within
one (1) year after such claim or cause of action arises, or forever be barred.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of CAMPUSTOURS to respond expeditiously to claims of intellectual
property infringement. CAMPUSTOURS will promptly process and investigate
notices of alleged infringement and will take appropriate actions under
the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying or substantially
complying with the DMCA, CAMPUSTOURS will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to be
the subject of infringing activity and will act expeditiously to remove
or disable access to any reference or link to material or activity that
is claimed to be infringing. CAMPUSTOURS will terminate access for subscribers
and account holders who are repeat infringers. Notices of claimed infringement
should be directed to:
Registered Copyright Agent
CAMPUSTOURS INC
110 Jacques Road
Auburn, ME 04210
Telephone: (207) 753-0136
Facsimile: (207) 753-0137
Email Address: copyright@CAMPUSTOURS.com
Please put "Notice of Infringement" in the subject line of all
such notifications. When CAMPUSTOURS removes or disables access to any material
claimed to be infringing, CAMPUSTOURS may attempt to contact the user who
has posted such material in order to give that user an opportunity to respond
to the notification, although CAMPUSTOURS makes no promise to do so. Any
and all counter notifications submitted by the user will be furnished to
the complaining party. CAMPUSTOURS will give the complaining party an opportunity
to seek judicial relief in accordance with the DMCA before CAMPUSTOURS replaces
or restores access to any material as a result of any counter notification.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and
Services, all legal issues arising from or related to the use of the Products
and Services shall be construed in accordance with, and all questions with
respect thereto shall be determined by, the laws of the Commonwealth of
Maine applicable to contracts entered into and wholly to be performed within
said state. Any controversy or claim arising out of or relating to these
Terms and Conditions or any user's use of the Products and Services shall
be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Auburn, Maine, and judgment on the arbitration
award may be entered into in any state or federal court in Maine having
jurisdiction thereof. Any party seeking temporary or preliminary injunctive
relief may do so in any state or federal court in Maine having jurisdiction
thereof. Except as set forth above, the state and federal courts of Maine
shall be the exclusive forum and venue to resolve disputes arising out of
or relating to these Terms and Conditions or any user's use of the Products
and Services. By using the Products and Services and thereby agreeing to
these Terms and Conditions, users consent to personal jurisdiction and venue
in the state and federal courts in Maine with respect to all such
disputes.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
CAMPUSTOURS reserves the right to modify the Products and Services from
time to time, for any reason, and without notice, including the right to
terminate the Products and Services. CAMPUSTOURS reserves the right to modify
these Terms and Conditions from time to time, without notice. Please review
these Terms and Conditions from time to time so you will be apprised of
any changes.
MERGER
These Terms and Conditions constitute the entire agreement between the parties
with respect to the subject matter contained herein and supersedes any other
agreement, proposals and communications, written or oral, between CAMPUSTOURS'
representations and you with respect to the subject matter hereof; except
that any other terms and conditions located on any individual CAMPUSTOURS
web site or in connection with the Products and Services are incorporated
herein by reference to the extent they do not conflict with these Terms
and Conditions. To the extent that any other terms and conditions or terms
of service conflict with these Terms and Conditions, those other provisions
shall control with respect to the use of the particular web site and any
Products or Services available on or through the web site or the respective
Product or Service at which those other provisions may be found.
NON-WAIVER AND SEPARABILITY
CAMPUSTOURS' failure to exercise any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or provision. If
a court of competent jurisdiction holds any provision of these Terms and
Conditions to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and agree that the other provisions of these Terms and Conditions
remain in full force and effect.
RELATIONSHIP OF PARTIES
You acknowledge and agree that you and CAMPUSTOURS are independent contractors
under these Terms and Conditions, and nothing herein shall be construed
to create a partnership, joint venture, agency, or employment relationship.
Neither party pursuant to these Terms and Conditions has authority to enter
into agreements of any kind on behalf of the other and neither party shall
be considered the agent of the other.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under these Terms and Conditions without prior
express written authorization of CAMPUSTOURS.
SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment,
sublicensing, or other transfer of rights or obligations, these Terms and
Conditions shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, and assigns.
TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use
the Products and Services, unless specifically terminated earlier by CAMPUSTOURS.
All provisions of these Terms and Conditions which impose obligations continuing
in their nature shall survive termination of these Terms and Conditions.
COMMUNICATIONS WITH USERS
CAMPUSTOURS reserves the right to communicate with you regarding your use
of the Products and Services.
SUBMISSIONS OF IDEAS
CAMPUSTOURS is always improving its Products and Services and developing
new features. If you have ideas regarding improvements or additions to CAMPUSTOURS,
we would like to hear them -- but any submission will be subject to these
Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY
IDEA OR RELATED MATERIALS TO CAMPUSTOURS BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR
ANY RELATED MATERIAL TO CAMPUSTOURS, YOU ARE WAIVING ANY AND ALL RIGHTS
THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING
AND WARRANTING TO CAMPUSTOURS THAT THE IDEA AND/OR RELATED MATERIALS ARE
WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR
MATERIALS AND THAT CAMPUSTOURS IS FREE TO IMPLEMENT THE IDEA AND TO USE
THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CAMPUSTOURS,
WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of CAMPUSTOURS
and CAMPUSTOURS Inc, CAMPUSTOURS reserves the right to pursue any and all
legal and equitable remedies against you, including, without limitation,
terminating any and all user accounts on any and all of CAMPUSTOURS web
sites.
If you are aware of any violations of these Terms and Conditions, please
report them to:
|
