1. This Agreement is a contract between you and CampusWallet and governs your activity in connection with all CampusWallet Service (collectively the “Service”). By completing the registration process and accepting this Agreement, you represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions and (ii) you are at least 16 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, you must discontinue your use of the Service, as continued use implies your acceptance of the Agreement.
2. CampusWallet may from time to time amend, supplement or modify the terms of this Agreement. If you do not agree to be bound by or cannot comply with the Agreement as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service.
1. Description of Service. The Service allows you to track your loyalty rewards programs at certain vendors.
2. Ownership. The Service and all rights therein are and shall remain CampusWallet's property or the property of CampusWallet's licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner CampusWallet's company names, logos, product and service names, trademarks or Service marks or those of CampusWallet's licensors.
2.2 Use of Service
1. You must be at least 16 years of age to use this Service.
2. You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments, including any additional terms necessary in connection with any particular feature or function of the Service.
3. The Service is for your personal use and may only be used in accordance with the terms and conditions of this Agreement. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service.
4. You may not attempt (or authorize, encourage or support others’ attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise CampusWallet promptly of any such unauthorized use(s) or attempt(s).
5. You assume total responsibility and risk for your use of this Service. To the extent permitted by law, CampusWallet provides all Service on an “AS IS” basis and does not make any warranties, express or implied, representations or endorsements with regard to the Service, merchants, information, or Content.
6. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or network, connected to the Service, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service, through any means. CampusWallet reserves the right at all times to disclose any information as CampusWallet deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
7. The Service may present links to retailers and/or other third-party websites not owned or operated by CampusWallet. These links are provided only as a convenience to you. Neither CampusWallet nor its business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither CampusWallet nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or Service available through any such site. You should direct any concerns regarding these third-party sites to those sites’ administrators.
8. CampusWallet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither CampusWallet nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4. Indemnification & Limitation of Liability
1. Indemnification. You agree to indemnify and hold harmless CampusWallet and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
2. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CampusWallet AND/OR THE CampusWallet PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE. CAMPUSWALLET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICE, REGARDLESS OF THE ALLEGED NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CAMPUSWALLET, EVEN IF CAMPUSWALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAMPUSWALLET SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER.
1. Remedies. You understand and agree that any unauthorized use of the Service would result in irreparable injury to CampusWallet and/or its affiliates or licensors for which money damages would be inadequate, and in such event CampusWallet its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that CampusWallet, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
2. Promotions and Advertising. CampusWallet and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any CampusWallet promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither CampusWallet nor its business partners shall 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 third parties on the Service.
3. Choice of Law. This Agreement shall be governed by the internal laws of the State of North Carolina, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Durham County, North Carolina or the United States Federal District for the Middle District of North Carolina to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
4. Complete Agreement. This Agreement contains the complete Agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written.
5. No CampusWallet agent or employee is authorized to make any amendment to this Agreement. This Agreement supersedes any and all prior agreements, discussions and negotiations between you and CampusWallet, and it sets forth the entire agreement and understandings between the parties as to the subject matter of this Agreement. Neither of the parties shall be bound by any terms, conditions, definitions, waivers, warranties or representations with respect to the subject matter of this Agreement other than as expressly provided in this Agreement or duly set forth on or subsequent to the date hereof in a writing signed by a proper and duly authorized representative of whichever of the parties is to be bound thereby.
6. Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
7. “CampusWallet” and other trademarks contained in the Content are trademarks of CampusWallet in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This Agreement does not authorize you to use CampusWallet’s or its licensors’ names or any of their respective trademarks.
8. If either party breaches, or threatens to breach, any of its obligations under this Agreement, the damages to the other party will be great and irreparable; therefore, either party may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without posting bond and without disentitling such party to any other relief in either law or equity.
9. This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. Neither party shall have the right, power, or authority at any time to act on behalf of, to impose any obligation on, or to represent or legally bind the other.
10. The enumeration and headings contained in this Agreement are for convenience only and are not intended to have any substantive significance interpreting this Agreement.
11. Any correspondence, notice or request permitted to be given under or in connection with this Agreement or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to CampusWallet addressed as follows: 5010 Garrett Rd Apt 722, Durham, NC 27707.