Campus.com Terms of Use

Last Modified as of January 3, 2023

THESE TERMS OF USE (AND THE PRIVACY POLICY, AS NOTED BELOW) CREATE A LEGAL AGREEMENT (THIS “AGREEMENT”) BETWEEN JENZABAR, INC. (“CAMPUS.COM” OR “WE” OR “US” OR “OUR”) AND THE USER OF THE SERVICES ENTERING INTO THIS AGREEMENT (“YOU” OR “YOUR”) AND IN ADDITION, WHEN THE USER OF THE SERVICES IS A MINOR THAT IS AT LEAST SIXTEEN (16) YEARS OF AGE THAT IS REGISTERED BY A PARENT AND/OR GUARDIAN (AN “ELIGIBLE MINOR”), THE TERM “YOU” ALSO INCLUDES SUCH ELIGIBLE MINOR AND SUCH ELIGIBLE MINOR’S PARENT AND/OR GUARDIAN. YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE CAMPUS.COM PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS INCORPORATED INTO AND GOVERNED BY THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE AND THAT OF ANY ELIGIBLE MINOR YOU REGISTER OF THE CAMPUS.COM WEBSITE AVAILABLE AT WWW.CAMPUS.COM AND ANY SUBDOMAINS THEREOF, (THE “SITE”), AND THE SERVICES, FEATURES, AND INFORMATION AVAILABLE VIA THE SITE WE MAY OFFER NOW AND IN THE FUTURE, INCLUDING WITHOUT LIMITATION EXPERT REVIEWS THAT AGGREGATE AND CURATE TRAINING OR FORMS OF TRAINING (TOGETHER WITH THE SITE, ALONG WITH ASSOCIATED AND SUCCESSOR WEBSITES, APPLICATIONS, FEATURES, INFORMATION, AND SERVICES, OR ANY PART THEREOF, THE “SERVICES”). BY USING OR ACCESSING THE SERVICES OR BY REGISTERING AN ELIGIBLE MINOR TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR IF YOU ARE UNDER THE AGE OF 16, YOU ARE NOT PERMITTED TO USE THE SERVICES OR TO REGISTER AN ELIGIBLE MINOR TO USE THE SERVICES. YOU MAY NOT REGISTER AN ELIGIBLE MINOR TO USE THE SERVICES UNLESS YOU ARE SUCH ELIGIBLE MINOR’S PARENT AND/OR GUARDIAN. CAMPUS.COM IS NOT LIABLE FOR THE USE OF THIS SERVICES BY, OR FOR ANY CONTENT OR ADVERTISEMENTS VIEWED BY, MINOR CHILDREN IN VIOLATION OF THIS AGREEMENT.

1. Changes to this Agreement.

Except with respect to Section 14.4 (Mandatory Arbitration), Campus.com reserves the right, in its sole discretion, to change, modify, replace, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) at any time; provided, however, that Campus.com will use reasonable efforts to provide you with notification of any material changes (as determined in Campus.com’s sole discretion) by email, postal mail, website posting, pop-up screen, or in-service notice. You should visit this page whenever you use the Services to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete acceptance of any and all such changes.

2. No Warranty.

All text, reviews, rankings, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials available through the Services (including without limitation material on the Services’ Public Areas (as defined below) and learning center and material created via the Services (the “Content”) are provided for informational and transactional purposes only. Any information provided to you by Campus.com as a result of your use of the Services is being provided to you solely for your informational benefit. Your reliance on the Services or the Content (including without limitation any reviews or rankings) is at your own risk. Campus.com does not warranty any course provider or educational institution or program or any teacher, product, service, opinion, or other information that may be referenced on or through the Services.

3. Access to the Services.

3.1

Subject to your acceptance of and compliance with this Agreement, Campus.com hereby grants to you a non-exclusive, non-transferable, revocable limited license to use the Services and associated Content for your personal non-commercial use. You agree not to use the Services for any other purpose, or to download, save, copy or distribute the Content that is not owned by or contributed by you except strictly in connection with your proper use of the Services or as specifically allowed in this Agreement.

3.2

Campus.com may change, modify, suspend, or discontinue in its entirety or any aspect of the Services at any time. Campus.com may also impose limits on certain features or restrict or prohibit your access to parts or all of the Services at any time, all without notice or liability.

3.3

You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher.

3.4

Your use of the Services is conditioned upon your compliance with this Agreement and any use of the Services in violation of this Agreement may constitute infringement of Campus.com’s copyrights in and to the Services and Content (as applicable). Campus.com reserves the right to terminate your access to the Services without notice if you violate this Agreement or for any reason at Campus.com’s discretion.

3.5

In certain instances Campus.com or its vendors may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

3.6

Use of the Service by Minors At Least 16 Years of Age. Individuals who are not at least 16 years of age may not use the Services. Eligible Minors may not use the Services unless their parent or guardian registers them to use the Services. If you register or allow an Eligible Minor to use the Services, you hereby accept this Agreement on behalf of yourself and such Eligible Minor, and you agree that you will be responsible for all uses of the Service by such Eligible Minor, whether or not these uses were authorized by you. If you register an Eligible Minor to use the Services, you hereby represent and warrant that you are the legal parent or guardian of that Eligible Minor.

4. Ownership of Intellectual Property.

4.1

Unless otherwise specified in writing, all Content and other materials that are part of the Services are owned, controlled, or licensed by Campus.com and its licensors and are protected by law from unauthorized use. The entire Contents of the Services are copyrighted under the U.S. copyright laws and/or similar laws of other jurisdictions. Campus.com, and the Campus.com logos, are trademarks of Campus.com and may not be used without the express written permission of Campus.com.

4.2

You do not acquire any ownership rights by using the Services, or by copying or downloading material from the Services.

4.3

You agree not to copy, redistribute, publish, or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of Campus.com.

4.4

You hereby grant to Campus.com a limited, non-exclusive, worldwide, perpetual, irrevocable, royal-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to Campus.com in connection with your use of the Services (collectively, “Submissions”) in any manner Campus.com may desire, including without limitation to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this Section 4 will survive any termination of your account(s), the Services, or this Agreement.

4.5

“Your Information” is defined as any information or content you provide to Campus.com or other users, or to which you provide Campus.com or other users access, in the registration or transaction process (including without limitation your name and e-mail address); in any Public Areas (as defined below); or through any other feature of the Services.

4.6

You hereby grant to Campus.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right, license, and permission, in all forms and media, now known or hereafter devised, to exercise all rights you have in or to Your Information in connection with providing the Services, subject to our Privacy Policy.

4.7

You hereby waive any right you may have to inspect or approve the materials that may be used in connection with your name, or the uses made of Your Information in connection with providing the Services. You hereby waive and release any claims you may have against Campus.com for any damages, costs or liabilities you incur from Campus.com’s use of Your Information, including but not limited to damages caused by any distortion, alteration, optical illusion or composite use, whether intentional or otherwise, that may occur in making, processing, duplicating, distributing or displaying Your Information.

4.8

You agree to include, and to not remove or alter, Campus.com’s trademark, copyright or other proprietary rights notices, as provided by Campus.com on or in connection with the Services, when using or sharing content, or otherwise using the Services, and you agree to comply with usage guidelines that may be provided by Campus.com from time to time. You agree that all goodwill that arises in connection with your use of Campus.com trademarks inures exclusively to Campus.com, and you agree not to challenge Campus.com’s ownership or control of any Campus.com trademarks, nor use or adopt any trademarks that might be confusingly similar to such Campus.com trademarks.

5. Public Areas.

The Services may feature various community areas and other public forums, including but not limited to blogs or member communities, discussion boards, question and answer areas and comment areas (the “Public Areas”). If you use a Public Area you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the Public Areas or other areas of the Services. If you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. The Campus.com Parties (as defined herein) reserve the right, but shall not be obligated, to record any dialogue or exchanges in the Public Areas of the Services. The Campus.com Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Services or any submissions by you or other users. As with any public forum on any website, the information you post may show up in third-party search engine results.

6. Passwords.

Campus.com may have tools that allow you to record and store information in your account. You are responsible for all actions on the Services by you or under your password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. Nobody but you may use your password or your account and you are responsible for all actions taken by individuals who use the Service through your password or account in contravention of the foregoing. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Services account and password; (3) promptly inform Campus.com of any need to deactivate a password. You hereby grant to Campus.com and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Services.

7. Usage Rules.

As a condition of your use of and access to the Services, you agree to comply with any application-, tool-, or content-specific rules published within the Services as well as the following usage rules, which Campus.com may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that you will not, in regard to the Services (as determined by Campus.com in its discretion):

(a) Copy, adapt, reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;

(b) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper. or offline reader that accesses the Services, or use or launch any unauthorized script or other software;

(c) distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransomware or other harmful, malicious or disruptive computer code, mechanism, software, script, agent or program;

(d) cover or obscure any notice, legend, warning, banner or advertisement contained on the Services;

(e) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;

(F) sell the Services or any part thereof including but not limited to user accounts and access to them in exchange for currency or items of value;

(g) violate any applicable law, including without limitation any applicable export laws;

(h) harvest or otherwise collect information about others, including email addresses, without their permission;

(I) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;

(j) engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;

(k) further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;”

(l) deliberately mislead anyone as to your identity, impersonate another, falsely identify the source of any Submissions, or allow another person or entity to use your identity in order to access the Services or post or view Submissions;

(m) engage in conduct that conflicts with the spirit or intent of the Services, including without limitation, by disrupting the flow of dialogue in a Public Area (as defined above), restricting any other user from using or enjoying the Services, or exposing Campus.com or another to any liability or detriment of any kind; or

(n) use automated queries, including screen and database scraping, spiders, robots, crawlers, information harvesting, and any other automated activity with the purpose of obtaining Content, information or data from the Services, unless you receive the express written permission of Campus.com.

8. Privacy and Protection of Personal Information.

Campus.com respects the privacy of visitors to and users of the Services. Information collected from you by Campus.com is subject to the Campus.com Privacy Policy. Please see the Campus.com Privacy Policy at https://www.campus.com/privacy-policy for more information on the collection and use of your information. You acknowledge and agree that the Campus.com Privacy Policy, including, but not limited to, the manner in which Campus.com collects, uses and discloses your personal information and non-personally identifiable information, is incorporated into and governed by this Agreement. By accepting this Agreement, you agree to all of the terms of the Campus.com Privacy Policy. You further agree to comply with all applicable laws with respect to all information you may receive from Campus.com

9. Communications Decency Act Notification.

Pursuant to 47 U.S.C. § 230(d) as amended, Campus.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available at the following links:

http://staysafeonline.org/stay-safe-online/;

https://www.consumer.ftc.gov/features/feature-0038-onguardonline

Please note that Campus.com is not affiliated with the above-listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.

10. Disclaimers; Limitations; Waivers of Liability.

10.1

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT THIS DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, AND WITH ANY LEGALLY REQUIRED WARRANTY PERIOD LIMITED TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER CAMPUS.COM NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “CAMPUS.COM PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.

10.2

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE CAMPUS.COM PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE CONTENT (INCLUDING WITHOUT LIMITATION ANY DESCRIPTION OF ANY COURSE OR COURSE PROVIDER AND/OR ANY DESCRIPTION OF ANY EDUCATIONAL INSTITUTION OR PROGRAM AND/OR ANY EXPERT REVIEWS) WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. CAMPUS.COM IS NOT RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OR OTHER PROBLEMS OF TELEPHONE NETWORKS OR SERVICES, COMPUTER SYSTEMS, MOBILE PHONE EQUIPMENT, SOFTWARE, OR EMAIL, INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH ACCESSING OVER THE INTERNET AND/OR IN CONNECTION WITH THE SERVICES.

10.3

THE CAMPUS.COM PARTIES DO NOT WARRANT ANY COURSE PROVIDER OR EDUCATIONAL INSTITUTION OR PROGRAM OR ANY TEACHER, PRODUCT, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICES. THE SERVICES HEREUNDER ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. THE CAMPUS.COM PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN A USER OF THE SERVICES AND ANY COURSE PROVIDER OR EDUCATIONAL INSTITUTION. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A COURSE PROVIDER OR EDUCATIONAL INSTITUTION. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND COURSE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY COURSE, MATERIALS, CONTENT, PRODUCTS OR SERVICES PROVIDED BY COURSE PROVIDERS OR ANY OUTCOMES ASSOCIATED WITH ANY OF THE FOREGOING.

10.4

THE CAMPUS.COM PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT THE CAMPUS.COM PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT CAMPUS.COM IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE CAMPUS.COM PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CAMPUS.COM IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM.

10.5

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

10.6

Release. You forever release, discharge, and covenant not to sue the Campus.com Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Campus.com Parties or otherwise, in connection with your use of the Services or your interaction with any party through or as a result of the Services. In other words, you cannot sue the Campus.com Parties if anything happens to you or your property from using the Services or interacting with any party through the Services. You agree that the provisions in this Section 10 will survive any termination of your account(s), the Services, or this Agreement.

11. Indemnification.

You agree to defend, indemnify and hold harmless the Campus.com Parties from and against all liability, claims, actions and expenses, including attorneys’ fees and costs, arising out of your use of the Services or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) to the Services, or this Agreement.

12. Copyright Policy; Objectionable Content.

If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Services, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:

It is Campus.com’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on the Services contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Campus.com will also terminate a user’s account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:

Jenzabar, Inc.
Jamison J. Barr
101 Huntington Avenue
Boston, MA 02199
Email: Jamison.barr@jenzabar.com

13. Affiliated and Third-Party Sites; Third-Party Offerings

13.1

We may include links to third-party sites or services, or information about third-party products or services, which are typically subject to service terms and policies that differ from ours. Therefore, you should review the terms of use and privacy policies of all sites and services linked to from or referred to by our Services. We do not take responsibility for these third-party offerings, nor do we take responsibility for third-party sites, services or products or for the postings or communications of other users.

13.2

Campus.com may receive compensation from or have financial relationships with some of the experts and/or course providers that appear on the Services. However, this compensation does not influence the evaluations that appear on the Services. Campus .com may be compensated if you choose to participate in the courses available at the links provided on the Services. You are not obligated to click on any link, enroll in any courses, or buy any programs that are described, reviewed, or linked to in the Services. Campus.com may be compensated by companies mentioned through affiliate programs or otherwise. Any references to third-party products, courses, course providers, ratings, reviews, or websites are subject to change without notice.

14. Governing Law/Waiver of Injunctive Relief.

14.1

This Agreement and all aspects of the Services will be governed by and construed in accordance with the internal laws of the U.S. and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (thus, without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.

14.2

You acknowledge that the rights granted and obligations made hereunder to Campus.com are of a unique and irreplaceable nature, the loss of which will irreparably harm Campus.com and which cannot be replaced by monetary damages alone, so that Campus.com will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

14.3

To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Campus.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to:

Jenzabar, Inc.
181 South Liberty Street
Harrisonburg, VA 22801
Attention: General Counsel

14.4 Mandatory Arbitration

If you and Campus.com are unable to resolve a Dispute through informal negotiations within 30 days, either you or Campus.com may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

(a) Notwithstanding the above, you and Campus.com agree that arbitration will be limited to the Dispute between Campus.com and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

(b) You and Campus.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Campus.com’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

15. Waiver/Severability.

The failure of Campus.com to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Campus.com’s right to assert or rely upon any such provision or right in that or any other instance.

15.1

15.2

You and Campus.com agree that if any portion of this Agreement, except any portion of Section 14.4, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 14.4 is found to be illegal or unenforceable then neither you nor Campus.com will elect to arbitrate any Dispute falling within that portion of Section 14.4 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and Campus.com agree to submit to the personal jurisdiction of that court.

16. Term and Termination.

This Agreement will remain in effect as long as your account is up-to-date and you remain in compliance with the terms hereof, unless it has been voluntarily suspended or terminated by you or Campus.com. You may terminate this Agreement by destroying all Services-related materials obtained from the Services, Campus.com or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Campus.com if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Campus.com’s sole discretion. Following the termination of this Agreement, your account(s), or the Services, Campus.com shall retain all rights to the Submissions pursuant to this Agreement.

17. Miscellaneous.

Campus.com makes no representation that the Services are appropriate, lawful or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Campus.com to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. Campus.com may assign this Agreement to any party at any time without any notice to you. You may not assign this Agreement without Campus.com’s prior written consent. This Agreement (including the Campus.com Privacy Policy) contains the entire understanding of you and Campus.com’s, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. Upon Campus.com’s request, you will furnish Campus.com with any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Campus.com by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

18. Construction.

In this Agreement, unless a clear contrary intention appears: (i) where not inconsistent with the context, words used in the present tense include the future tense and vice versa and words in the plural number include the singular number and vice versa; (ii) reference to any person includes such person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement; (iii) reference to any gender includes each other gender; (iv) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and includes all addenda, exhibits and schedules thereto; (v) the titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement; (vi) “hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or Subsection of this Agreement; (vii) “including” (and with correlative meaning, “include”) means including without limiting the generality of any description preceding such term; (viii) any reference to “dollars” means United States Dollars; (ix) all references to “days” refer to calendar days; and (x) the word “or” is not exclusive. This Agreement has been executed in English and the English language version shall control notwithstanding any translations of this Agreement. Unless otherwise expressly permitted under this Agreement, all deliverables will be in English.

19. Statute of Limitations.

You and Campus.com both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose (or, if longer, within the shortest statute of limitations for such claim which the parties may establish by agreement) or the claim will be forever barred.

20. Statute of Limitations.

If you have any questions about this Agreement, its terms, your account or your rights hereunder, or if you have any complaints or claims, please contact us via one of the methods on our Contact Us page.