Section 1. General
To be eligible to use the services and access the site, you must: (1) be at least 18 years of age (or between the ages of 13 and 17 and using the site and services with parental or legal guardian consent and supervision).
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
1.4. Additional Terms.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with this Agreement of use, this Agreement of use shall govern.
We may, in our sole discretion, change these Terms from time to time. If we do, we will let you know about any material changes, either by notifying you on the Site or by sending you an email, if we have a working email contact for you. If you keep using GiveCampus after a change, that means you accept the new terms. We encourage you to review these Terms periodically for any updates or changes. The date of the most recent revision will appear on this page.
Section 2. Campaigns
GiveCampus provides a fundraising platform for higher education. Individuals and organizations utilize this platform to create fundraising campaigns for educational institutions (each a “Campaign”). To do so, they follow the instructions posted on the site and provide content related to the campaign. Each campaign is subject to the review and approval of the educational institution for which it intends to raise money prior to going ‘live’ on the Site. GiveCampus does not pick or endorse individuals or organizations or any of their campaigns or causes, and we do not oversee or guarantee the success of any Campaign. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the site or services is not a solicitation of donations.
2.2. Campaign Creation; Donations; Use of Donations.
When a creator posts a campaign on GiveCampus, they are inviting other people to join them in supporting a specific educational institution. The educational institution is responsible for using the funds that are raised in accordance with the Campaign; GiveCampus has no role in and in no way guarantees or enforces the ways that such funds will be used. In other words, the campaign creator, the educational institution, and the donor are entering into an agreement about the funds that are raised. GiveCampus is not a part of this agreement. The educational institution is responsible for ensuring that all donations are disbursed properly and legally.
2.3. Receipt and transfer of Donations; Taxes.
The educational institution directly receives all funds. Receipt and transfer of funds is facilitated by a third party payment processor. The educational institution is responsible for any taxes based on their net income or gross receipts (if any).
2.4. Campaign Content.
Individuals and entities that create campaigns hereby grant to GiveCampus and prospective Donors a non-exclusive license to access the Campaign Content through the Service and to use and make reasonable copies of the Content for commercial and non-commercial purposes, including for the promotion of the Campaign or the Service on other platforms and in other venues.
2.5. Additional terms for Fundraisers.
Any individual, entity or organization that seeks to raise funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers: (a) Any fundraiser may create and submit a campaign for review and approval by one of GiveCampus’s educational institution partners. To do so, a fundraiser must follow the procedures and rules posted on the GiveCampus website and their campaign must be consistent with the guidelines posted by the educational institution for which their campaign seeks to raise funds. (b) Fundraisers agree and acknowledge that other individuals or third parties may support their campaign (e.g., as Donors or Advocates), and that Fundraisers will not be able to remove these individuals or third parties from being displayed the campaign page.
2.6. GiveCampus Rights.
GiveCampus reserves the right in its sole discretion to restrict individuals from creating campaigns and to remove campaigns from the Service at any time.
Section 3. Donors
Any individual, entity or organization that donates funds through the site or the services (“donor”) is subject to the following additional terms of these terms that apply specifically to donors.
3.2. Donor’s Risk.
All donations are at your own risk. Please make sure that when you donate to a given educational institution that you understand how your money will be used. When donating, only donate to those entities that you feel comfortable donating to or otherwise know and trust. GiveCampus does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
3.3. Donor Commitments.
By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that all donations are final and non-refundable.
3.4. Campaign Pledges.
Most—but not all—campaigns on GiveCampus are ‘all-or-nothing’, which means they don’t get funded unless they reach their fundraising goal by a specific and pre-defined fundraising deadline. When you provide your payment information for such a campaign, you are making a pledge and your credit card is being authorized for a future payment, but you aren’t being charged at that exact moment. Your donation will only be collected if, at the time of the campaign’s fundraising deadline, the campaign has reached its fundraising goal. The amount you pledged is the amount you will then be charged. If the campaign doesn’t reach its fundraising goal by the fundraising deadline, you won’t be charged and no funds will be collected.
3.5. Payment Processing.
For most donations, GiveCampus utilizes WePay for payment processing—GiveCampus does not process donations directly. When WePay processes a donation through the site, the donation will go directly from the donor to the educational institution’s WePay merchant account. Colleges and universities have immediate ownership over their donations and can electronically transfer the funds from their WePay Account to their Bank Account per the WePay terms of service (this process can also occur automatically, if the educational institution so chooses). In some cases, donations may be processed directly by an educational institution or by a third party entity with whom the educational institution has a contractual relationship. In these cases, you agree to any Terms provided and set by the educational institution and its third party partner.
3.6. Chargebacks and Refunds.
In the event that a Donation is cancelled, reversed, charged back, or refunded to any Donor after the transfer of such Donation to an educational institution, the Donation will be debited from that educational institution’s account balance with GiveCampus and its third party payment processor and the amount will be deducted from future payments to the educational institution.
3.7. Tax Deductions.
GiveCampus makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. GiveCampus will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any GiveCampus user, or any non-profit. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded an incentive or other reward or prize in connection with your donation.
3.8. Gift Receipts.
GiveCampus’s educational institution partners are responsible for providing gift receipts (although we may assist with this from time to time).
Section 4. Incentives
From time to time, GiveCampus, an educational institution, or a corporate sponsor may offer certain Incentives, rewards or other prizes (“Incentives”) in connection with a Campaign. All Incentives are subject to any additional terms published on the Site, as such may be amended or changed from time to time (the “Rules”). In the event you are able to select an Incentive based on your Donation or other activity on the Site, you are responsible for ensuring that the contact information that you provide is accurate and correct. In addition, you agree that the party offering the Incentive will be solely responsible for providing your Incentive and you release GiveCampus from any claim related to any failure by another party to provide the Incentive as promised. For clarity, you agree that GiveCampus will not be responsible or liable for any failure to provide an Incentive or for any delay in providing an Incentive. Certain Incentives may be age restricted to persons over 21 year or 18 years of age. You agree that you will not be eligible to receive any age restricted Incentive unless you are above the applicable age limit (as stated on the Site in connection with the Campaign). You further agree that if you ignore the state age restrictions and are awarded an age restricted Incentive for which you do not qualify, you will immediately forfeit all claims to such Incentive. In the event that the Incentive consists of attendance at an event or location (an “Event”), you agree to be fully responsible and liable for all of your acts and omissions during the Event. As such you agree to indemnify, defend and hold harmless GiveCampus, its affiliates, and their officers, directors, employees, and agents (the “Released Parties”) from and against from any demand, claim, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your alleged negligence, misconduct, and/or violation of any applicable law while in attendance of any Event.
Section 5. Signing up for a GiveCampus account
You can browse and make donations on GiveCampus without registering for an account. But to use certain features of the Service, you will need to sign up to create an account. To do so, you must follow the steps on the site: you may create an account by providing your name and email address or by connecting to your existing Facebook account. You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account with your permission, you should immediately report it to email@example.com
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
5.3. User Name.
You agree that you will not use a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that GiveCampus, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit GiveCampus to identify you by your user name. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of GiveCampus. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify GiveCampus immediately of any unauthorized use of your password or account or any other breach of security. GiveCampus assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. GiveCampus has the right to reclaim any user names for any reason.
5.4. Accurate Information.
You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or GiveCampus has reasonable grounds to suspect that such information is inaccurate, GiveCampus may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
5.6. Suspension or Termination of Your Use of the Site.
These Terms will commence on the date you accept them and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. GiveCampus has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in GiveCampus’s sole discretion and that GiveCampus shall not be liable to you or any third party for any termination of your account. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Section 6. Acceptable Use
Section 6.1. General.
When you use GiveCampus, you agree that you will not: (a) take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone; (b) create any liability for GiveCampus or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; (c) engage in any conduct that, in GiveCampus's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services; (d) post information you know is false, misleading, or inaccurate; (e) use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) do anything deceptive or fraudulent; (g) offer any Incentives that are illegal, violate any of our policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation; (h) do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, indecent, profane, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or invasive of another person’s privacy, or that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (i) distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (j) post any identification documents or sensitive information about another person; (k) run mail lists, listservs, or any kind of auto-responder or spam on or through the Site; (l) upload, transmit, or distribute any computer viruses, worms, or anything else (code, films, programs) designed to damage, alter, or interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to GiveCampus or another party); (m) harvest, collect, gather, assemble, use or abuse information or data about other users for purposes other than participating on GiveCampus; (n) obtain or attempt to obtain any materials or information not intentionally made available through the site or services; (o) use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the site or services for fundraising activities is expressly permitted; (p) try to interfere with the proper workings of the Services, such as by trying to disrupt any servers or networks used to provide the site or services or their respective features; (q) bypass any measures we’ve put in place to secure the Services; (r) try to damage or gain unauthorized access to any system, data, account, password, or other information, whether it belongs to GiveCampus or another party; (s) take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers (we reserve the right to determine what’s reasonable.); (t) use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site; (u) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; or (v) take apart or reverse engineer any aspect of GiveCampus in an effort to access things like source code, underlying ideas, or algorithms.
You agree to use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services. You also agree not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion, are illegal.
Section 7. Fees
7.1. Individual use; creating campaigns.
Creating an account on GiveCampus is free and there are no costs for browsing, for creating and launching campaigns, or for making donations.
7.2. Fees for educational institutions.
We charge certain fees to our educational institution partners, subject to our agreements with those partners. Typically, when money is successfully raised for an educational institution via GiveCampus, we collect a small fee from that educational institution that is based on a small percentage of the total amount of money that has been raised for the educational institution within a specified timeframe (usually monthly). However, some educational institutions pay for our Services up front, in the form of a subscription, or in other terms to which we mutually agree.
7.3. Payment processing fees.
Payment processors also charge money for their services, and typically we pay those fees on a educational institution’s behalf at the time of a Donation. This is generally the case unless donations are being processed by that educational institution directly or by the educational institution’s existing payments processor. When we pay payment processing fees on an educational institution’s behalf, we typically pass on these payment processing fees to the educational institution as part of the regular billing for our services.
Section 8. User Content
“User content” is any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Campaign Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms. GiveCampus is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
8.2. License to User Content.
You hereby grant, and warrant that you have the right to grant, to GiveCampus and others acting on GiveCampus’s behalf, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable, transferable, and fully paid license and right (including any moral rights) to use, license, reproduce, exercise, commercialize, distribute, publicly perform, publicly display, modify, adapt, prepare derivative works of, incorporate into other works, derive revenue or other remuneration from, communicate to the public, and exploit the copyright, publicity, trademark, and database rights with respect to your Content (in whole or in part). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
8.3. Right to modify User Content.
You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
8.4. Representations regarding User Content.
You agree and represent that your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant GiveCampus all the license rights outlined in this Agreement). If GiveCampus or its users exploit or make use of your submission in the ways contemplated in this agreement, you agree and represent that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You agree to pay all royalties and other amounts owed to any person or entity based on your Content, or on GiveCampus’s hosting of that Content.
All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. GiveCampus will not be liable for any errors or omissions in any content.
8.7. Monitoring and review.
GiveCampus shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish. GiveCampus shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide. GiveCampus neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by GiveCampus, our employees, or a third party. Under no circumstances will GiveCampus be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. GiveCampus is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in GiveCampus's sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that some Content is objectionable is encouraged to Contact us immediately by email to info@GiveCampus.com.
Section 9. Intellectual Property
9.1. Ownership of the site, Site information and services.
The site and services and all technology underlying the same are expressly owned and operated by GiveCampus. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by GiveCampus or its affiliates, if any, or are licensed by GiveCampus from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
The trademarks, logos, and service marks ("Marks") displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that GiveCampus sponsors or with which we are otherwise affiliated. GiveCampus's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without GiveCampus's express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without GiveCampus's express written consent.
9.3. Personal use of content.
GiveCampus grants individual users a license to reproduce content from the Services for personal use only. This license covers both GiveCampus' own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from GiveCampus or the relevant copyright holder. A 'commercial purpose' means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
9.4. Certain Restrictions.
You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information. You may not access the Site or Services in order to build or promote a similar or competitive service. Except as expressly stated herein, you may not copy, reproduce, distribute, republish, downloaded, displayed, posted or transmitted any part of the Site or Services in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information. GiveCampus reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that GiveCampus will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that GiveCampus will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
You agree that submission of any feedback, ideas, suggestions, documents, and/or proposals to GiveCampus (“Feedback”) is at your own risk and that GiveCampus has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to GiveCampus a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
9.6. Copyright Issues.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. GiveCampus complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.) GiveCampus also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify us immediately.
Section 10. Other Websites
10.1. No endorsement.
GiveCampus may contain links to other websites. Such links are provided merely as a convenience to you. When you access third-party websites, you do so at your own risk. GiveCampus has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by GiveCampus, we do not operate, control or endorse any information, products or services on the Internet in any way. GiveCampus does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites.
10.2. Payment Processing Partners.
GiveCampus partners with other companies for payment processing (such we WePay). When you create or donate to a campaign, you are also agreeing to the payment processor's terms of service.
Section 11. Security
GiveCampus maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers', fundraisers', donors' and partner’s information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while GiveCampus strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, GiveCampus will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
Section 12. Electronic Communications
When you visit the site, use the services or send emails to GiveCampus, you are communicating with us electronically. You consent to receive communications from GiveCampus electronically. GiveCampus may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that GiveCampus provides to you electronically satisfy any legal requirement that such communications be in writing.
Section 13. Other Rights Reserved
GiveCampus reserves the following rights: (a) to decide who is eligible to use GiveCampus; (b) to cancel accounts or decline to offer our Services; (c) to cancel any pledge to any campaign, at any time and for any reason; (d) to reject, cancel, interrupt, remove, or suspend any campaign, at any time and for any reason; and (e) to change our eligibility criteria at any time. GiveCampus is not liable for any damages as a result of any of these actions, and it is our policy to not comment on the reasons for any such action. If these things are prohibited by law where you live, then we revoke your right to use GiveCampus in that jurisdiction.
Section 14. Indemnification
You agree to defend, indemnify, and hold GiveCampus (and its affiliates, officers, directors, employees, and agents) harmless from and against any and all liabilities, claims, demands actions, costs, losses, damages, and expenses of any kind (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use, misuse, or abuse of GiveCampus and its Services, your Content, or your beach of any provision of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses. You shall not in any event settle any matter without GiveCampus’s written consent.
Section 15. Disclaimers
You acknowledge that you use our Site and Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time.
GIVECAMPUS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GIVECAMPUS SHALL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
GIVECAMPUS MAKES NO WARRANTIES REGARDING AND DOES NOT SPONSOR OR ENDORSE ANY CAMPAIGNS OR ANY CAMPAIGN CREATORS, DONORS, OR OTHER USERS. CAMPAIGN CREATORS AND DONORS USE GIVECAMPUS AT THEIR OWN RISK. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY DONATION OR OTHER TRANSACTION ON GIVECAMPUS. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND GIVECAMPUS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, GIVECAMPUS IS UNDER NO OBLIGATION TO BECOME INVOLVED. NOTWITHSTANDING THE FOREGOING, GIVECAMPUS WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT.
GIVECAMPUS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. GIVECAMPUS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
Section 16. Limitation of Liability
To the fullest extent permitted by law, in no event will GiveCampus, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall GiveCampus’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AND GIVECAMPUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Section 17. Release
YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE GIVECAMPUS (INCLUDING ITS AFFILIATES AND SUBSIDIARIES, IF ANY) AND ITS THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DISPUTES, DEMANDS, CONTROVERSIES, RIGHTS, OBLIGATIONS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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, if known by him must have materially affected his settlement with the debtor.
Section 18. Jurisdiction and governing law
These Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of laws provisions, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for the International Sale of Goods. You agree that GiveCampus and its Services are deemed a passive website that does not give rise to jurisdiction over GiveCampus or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Delaware. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of GiveCampus, shall be filed only in the state or federal courts located in the State of Delaware, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. Please note that the laws of the jurisdiction where you are located may be different from Delaware law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
Section 19. Miscellaneous
These Terms and the other material referenced in them are the entire agreement between you and GiveCampus with respect to the Site and Services and supersede any prior agreements or proposals (whether oral, written, or electronic).
In the event that one or more portions of these terms shall, for any reason, be held to be invalid or unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
If GiveCampus fails to enforce any parts of these terms, it will not be considered a waiver.
These terms do not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under these terms to anyone without GiveCampus's express written permission.
GiveCampus may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these terms shall prevent GiveCampus from complying with the law.
GiveCampus shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials
If you have any questions about these terms, please contact us at firstname.lastname@example.org
Updated: March 2015