Student Agreement

Terms of Use Agreement

PLEASE REVIEW THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY BULLETIN BOARD, MAILING LIST, WEBSITE, TRANSACTION OR OTHER ON-LINE FORUM OR SERVICE MADE AVAILABLE BY CAMPUS ESSENTIALS, LLC (“CAMPUS ESSENTIALS” OR “WE”) AT ENTRY-POINT URL (https://www.campusessentials.com) AND ITS RELATED WEBSITES (“SITE” OR “SITES”). BY USING AND PARTICIPATING IN THE SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, AGREED TO SUCH TERMS, AND THAT SUCH USE GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN YOU AND CAMPUS ESSENTIALS®, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. THE PARTICIPATING INSTITUTIONS ARE THIRD PARTY BENEFICIARIES OF THE AGREEMENT AND MAY ENFORCE THOSE PROVISIONS BELOW THAT RELATE TO THE PARTICIPATING INSTITUTIONS.

Student-Only and Age Restrictions

Registration and participation on the Sites is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental consent, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein, and are currently enrolled in an accredited undergraduate or post-graduate academic program (the “criteria”). By registering or participating in services or functions on the Sites, you hereby represent that you meet the aforementioned criteria and have the authority and capacity to enter into this Agreement. If you are underage, are not enrolled in an academic program, or otherwise do not meet the criteria, do not use the Sites. Moreover, those who wish to register and participate must meet the minimum requirements set forth elsewhere in this Agreement and abide by the Honor Code herein. Other criteria or requirements may be required, in the discretion of CAMPUS ESSENTIALS®, and be made a condition of use of the Sites at any time.

Right of Modification

We reserve the right to change or modify the terms of this Agreement at any time, in the exercise of the sole discretion of CAMPUS ESSENTIALS®. Any change or modification to the Agreement will be effective immediately and without any asset or acknowledgement from you, as a user of the Sites. For any material changes to the terms of this Agreement, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification or actual knowledge, constitutes binding acceptance of those modified terms.

Disclaimer

Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics, services, products, or other matters. Neither the User Content (as defined herein) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed, or endorsed by CAMPUS ESSENTIALS® or its Participating Institutions. By posting to or viewing such forums, you agree that CAMPUS ESSENTIALS® and any of its Participating Institutions are not responsible or liable for the content of any postings therein. CAMPUS ESSENTIALS® reserves the right, but not the obligation, to remove any content from such forums and Sites in the exercise of its sole and absolute discretion. Upon signing you acknowledge Campus Essentials, LLC. does not reflect, act upon, symbolize, or represent any college institution state or private. Campus Essentials only uses institution names to help students organize products.

Rules for Online Conduct

You agree to use the Sites in accordance with all applicable law and authority. Further, you agree that you will not use the Sites for organized partisan political activities, discriminatory activity (including, but not limited to, on the basis of race, color, religion, sex and national origin), or any of the other matters enumerated herein. You agree that you will not email or post any of the following content (“Prohibited Content”) anywhere on the Site, or on any other CAMPUS ESSENTIALS® computing resources:

  • Content that defames, slanders, harasses or threatens others;
  1. Content that discusses illegal activities with the intent to commit such activities; or 
encourages others to commit such activities;
  • Content that infringes or misappropriates another’s intellectual property rights including, 
but not limited to, copyrights, trademarks, trade secrets, or patents;
  1. Content that you do not have a right to disclose under contractual confidentiality 
obligations or fiduciary duties;
  • Material or Content that contains obscene (e.g. pornographic, offensive, etc.) language or 
images;
  1. Advertising, promotional materials, or any form of commercial solicitation that you are 
not authorized or licensed to perform or engage in;
  • Content that otherwise harms other users or visitors to the Sites;
  • Content that is otherwise unlawful or that violates any applicable local, state, national or 
international law;
  1. Content that probes, scans, or tests the vulnerability of any system or network including, 
but not limited to, spyware, Trojan horse, computer virus, etc.
  2. Content that breaches or otherwise circumvents any security measures;
  3. Content that interferes with or disrupts any user, host, or network, such as sending a 
virus, overloading, flooding, spamming, or mail-bombing any other user or part of the 
Sites;
  4. Content that plants malware or otherwise uses the Sites to distribute malware;
  5. Any Content that is deemed objectionable, in the sole discretion of CAMPUS 
ESSENTIALS®.

Although CAMPUS ESSENTIALS® does not routinely screen or monitor content posted by users to the Site, CAMPUS ESSENTIALS® reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material including, but not limited to, software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright, or other legal entitlement to use the material.

In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under the terms of this Agreement; (b) use CAMPUS ESSENTIALS® or any Participating Institutions name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including, without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You agree that you will not access or attempt to access any other user’s account, allow others to access your account, or misrepresent or attempt to misrepresent your identity while using the Sites.

User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (hereinafter a “User Account”) by providing an email address (from your academic institution) and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name, location, and educational institution. Additional information may be required to confirm your identity and that you meet the user criteria. You represent that all information provided by you is accurate, current, and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites and share your information with appropriate authorities if any of your conduct is deemed actionable (either civilly or criminally).

Immediately upon your graduation, expulsion, suspension, or other termination of your status as a student of an appropriate academic institution, you are obligated to terminate your User Account and cease and desist from use of the Sites.

With agreeing to these Terms & Conditions, you the user give CAMPUS ESSENTIALS® the right to access your location and personal information entered while you are using the site. Location services include direct location and near locations of products, events, businesses, and schools. Campus Essentials has the right to view your cookies, and any other information visible to analytic employees hired by Campus Essentials.

Privacy Policy

You understand that any personal information you submit to CAMPUS ESSENTIALS® on the Sites will be treated by CAMPUS ESSENTIALS® in the manner described in the Privacy Policy

Disclaimer of Student-University Relationship

You agree that nothing in these Terms of Use or otherwise with respect to your access or use of any Site, or communications with CAMPUS ESSENTIALS®, (a) establishes any relationship between you and any university or other educational institution with which CAMPUS ESSENTIALS® may have a relationship, (b) entitles you to access or use the resources of any university or other educational institution, or (c) leads you to believe that CAMPUS ESSENTIALS® bears any relationship to any university or other educational institution.

Permission to Use Materials

All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of CAMPUS ESSENTIALS® and/or its affiliates or licensors and are protected by copyright, patent, and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration of your agreement to the terms and conditions contained herein, CAMPUS ESSENTIALS® grants you a personal, non-exclusive, non- transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software, or any other content on the Site is permissible rests with you.

In connection with your participation on the Sites, you will have the opportunity and ability to access or download content or other materials provided by other users. While we require users to comply with our Terms of Use, CAMPUS ESSENTIALS® cannot guarantee that all content will be free of viruses, worms, back doors, Trojan horses or other contaminants which may harm you, your computer, tablet, hand-held device or any programs or files therein. CAMPUS ESSENTIALS® disclaims any responsibility or liability relating to your access or download of such user content. Accordingly, CAMPUS ESSENTIALS® recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. The burden of doing so rests with you.

User Material Submission

The Sites may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites’ public forums (“User Content”). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant CAMPUS ESSENTIALS® and its Participating Institutions a fully transferable, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to CAMPUS ESSENTIALS® and the Participating Institutions that (a) you have all necessary rights, licenses, and/or clearances to provide and use User Content and permit CAMPUS ESSENTIALS® and the Participating Institutions to use

such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and CAMPUS ESSENTIALS®, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe on or misappropriate any third party rights (including, without limitation, privacy, publicity, intellectual property and any other proprietary rights such as copyright, trademark, patent, or moral rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Sites may also provide you with ability to upload or send information to CAMPUS ESSENTIALS® regarding the Sites or related services (“Feedback”). By submitting the Feedback, you hereby grant CAMPUS ESSENTIALS® and the Participating Institutions an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.

Links to Other Sites

The Sites may include hyperlinks to sites maintained or controlled by others. Neither CAMPUS ESSENTIALS® nor the Participating Institutions are responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.

Fees and Taxes

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. CAMPUS ESSENTIALS® reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification to the fees charged will be effective immediately upon posting on our Site. All past due amounts will bear interest at the lesser of 1.5% per month or the highest rate permissible by law. If it becomes necessary to engage legal representation to collect payment of fees, you agree to pay attorney’s fees and costs incurred in all efforts including pre-suit, mediation, arbitration, civil proceedings, trial and all appeals.

Choice of Law / Forum Selection

Sites are managed by CAMPUS ESSENTIALS®, located in St. Johns County, Florida. You agree that any dispute arising out of or relating to this Agreement or any content posted to a Site, including copies and re-publication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in St. Johns County, Florida, as the legal forum for any such dispute and acknowledge that for all intents and purposes this Agreement is entered into in St. Johns County, Florida.

Excluding claims for injunctive relief or other equitable relief, for claims related to the CAMPUS ESSENTIALS® Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00), either CAMPUS ESSENTIALS® or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, designated by CAMPUS ESSENTIALS®. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed upon by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the ADR provider may be entered in any court of competent jurisdiction.

THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. CAMPUS ESSENTIALS® AND ITS PARTICIPATING INSTITUTIONS, ITS PRINCIPALS, EMPLOYEES AND INDEPENDENT CONTRACTORS (THE “CAMPUS ESSENTIALS® PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE CONTENT, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE CAMPUS ESSENTIAL® PARTIES DO NOT WARRANT THAT (A) THE ONLINE CONTENT OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE CONTENT OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE CONTENT OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, SAFE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE CONTENT OR SITES WILL BE CORRECTED. NONE OF THE CAMPUS ESSENTIALS® PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACNKOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE CONTENT AND SITES MAY BE IMPAIRED. THE CAMPUS ESSENTIALS® PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE CONTENT OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE CONTENT AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE CAMPUS ESSENTIALS® PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OF USE

AGREEMENT OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OR CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ONLINE CONTENT OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE CONTENT OR SITES.

EXCEPT AS PROHIBITED BY LAW, THE CAMPUS ESSENTIALS® PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WEHTER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE CONTENT OR SITE, DATA LOSS, ANDY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY ONLINE COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTEND THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. CAMPUS ESSENTIALS® TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER’S USE OF THE CAMPUS ESSENTIAL® SITES WILL NOT EXCEED TWENTY U.S. DOLLARS ($20.00) OR THE TOTAL AMOUNT OF FEES RECEIVED BY CAMPUS ESSENTIALS® FROM THE USER FOR THE USE OF THE CAMPUS ESSENTIALS® SITES DURING THE PAST TWELVE (12) MONTHS OF USE, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CAMPUS ESSENTIAL® PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO CAMPUS ESSENTIALS® ABILITY TO MAKE THE SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on CAMPUS ESSENTIALS® Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CAMPUS ESSENTIALS® to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate and, under penalties of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Sites should be sent to:

CAMPUS ESSENTIALS®

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Indemnification

You agree to indemnify, defend, and hold harmless CAMPUS ESSENTIALS® and the Participating Institutions, their respective subsidiaries and affiliates, and each of their respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorney’s fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites in violation of the Terms of Use in this Agreement; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination Rights

You agree that CAMPUS ESSENTIALS® and the Participating Institutions, in their sole discretion, may terminate your use of the Sites or your participation in it, for any reason or no reason and that none of the CAMPUS ESSENTIALS® Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to CAMPUS ESSENTIALS®, but CAMPUS ESSENTIALS® shall have no responsibility or liability for removing, taking down, or otherwise removing your materials from the Sites, which shall be and remain, your responsibility.

Agreeing to these terms:

Agreeing to these terms and conditions set by Campus Essentials, LLC. You give notice by participating further with campusessentials.com and there after accept using this site at the rights of Campus Essentials, LLC.