Campus Advantage | Messaging Terms and Conditions

USE OF CAMPUS ADVANTAGE TEXT MESSAGING SERVICES
The Campus Advantage (CA) Text Messaging service offered on this website (the "Service") provides clients/users with the capability of receiving requested information via mobile phones, handheld computing devices, personal digital assistants (PDAs) and all Wireless Application Protocol (WAP)-enabled devices. The Services are made available through Mobile Campus and other third party providers.

The following are the terms and conditions for use of the Service, along with any amendments thereto, and any operating rules or policies that may be published from time to time by CA (collectively, the "Terms of Use"). Any person, entity or organization that uses the Service provided hereunder are hereinafter referred to as the "USER". Please read these provisions carefully. Users understanding and acceptance of these terms is required for access to and use of the Service.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, THE USER IS HEREBY AFFIRMING THAT THE USER IS AT LEAST 18 YEARS OF AGE, THAT USER HAS READ THE PROVISIONS IN FULL, THAT USER UNDERSTANDS ALL PROVISIONS HEREIN BELOW, AND THAT USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE.

USER REGISTRATION, PASSWORD, AND SECURITY:
To have access to, authorization and use of the Service, the User must complete the registration process that is presented upon the User’s acceptance of the Terms of Use. During the registration process,
User agrees to:

• (a) provide true, accurate, current and complete information about User and User’sorganization, if applicable, as prompted by the forms
• (b) to maintain and update this information to keep it true, accurate, current and complete
• (c) notify CA immediately of any unauthorized use of User’s account or any other breach of security.

If any information provided by User during the registration process is untrue, inaccurate, not current or incomplete, CA has the right to terminate User’s account immediately and refuse any and all current or future use of the Service. As part of the registration process, User may receive a password and account designation. User is responsible for maintaining confidentiality of User’s password and all account information.

PRIVACY POLICY:
It is the policy of CA to respect the privacy of end users of the Service. User hereby agrees that CA may access and disclose any information, including User names and other information, if CA believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests; to operate its system properly; or to protect itself, its customers, or other third parties. In addition, please be aware that due to the nature of the Internet and other factors, privacy in any communications distributed through this Service cannot be guaranteed. User should take this into consideration when deciding whether to transmit confidential information or any other information via the Service. Other than as required to provide the Service, User information will NOT be sold to any third party as a list or other form of direct contact to User by any third party.

USER CONDUCT:
User agrees to abide by this Terms of Use and all applicable local, state, national, and international laws and regulations, in addition to all CA policies and procedures in regard to faculty, staff and students.

TERMINATION:
Any misuse of the Service or breach of the Terms of Use by User, User’s agent or representative(s), may result in the immediate termination of User’s account and any future access to this Service.

RESALE OF SERVICE:
User hereby agrees not to resell or assign User’s rights or access under the Service. In addition, User shall not allow any other party to use or have unauthorized access to the Service.

INDEMNIFICATION:
In consideration for access and use of this Service, User hereby agrees to indemnify, defend and hold harmless to CA and its officers, employees and Campus Advantage, CA/Information Technology from any loss, liability, claim, demand, damage, or expense (including reasonable attorney’s fees) asserted by any third party due to or arising from or in connection with the use, access or communication through this Service. CA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, which shall not excuse the User’s indemnity obligations.

MODIFICATIONS TO TERMS OF USE TO THE SERVICE:
CA reserves the right to change the Terms of Use at any time without notice to User. CA also reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to User. User hereby agrees that CA shall not be liable to User, User’sagent or representatives, or any third party for any modification or discontinuance of the Service.

PROPRIETARY RIGHTS:
User acknowledges and agrees that, as between User and CA, all content, including but not limited to text, software, graphics, video, page layout and design or other material displayed by Service is protected by CA copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User hereby agrees not to modify, copy, reproduce, republish, upload, post, transmit, sell, or distribute in any way content available through the Service.

EXTERNAL LINKS:
The Service may contain links to other Internet sites, resources and members of the Service. CA is not responsible for the availability of these outside resources, or their contents, and does not endorse (and is not responsible for) any of the contents, advertising, products or other materials on such sites. Under no circumstances shall CA be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

DISCLAIMER AND WARRANTIES:
DISCLAIMER OF WARRANTIES OF THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT User’s VOLUNTARY AND SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND DENIED. NEITHER Campus Advantage CA/INFORMATION TECHNOLOGY TEXT MESSAGING SERVICES MAKE ANY WARRANTY (I) THAT THE SERVICE WILL MEET User’s REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (II) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CA ITS OFFICERS, EMPLOYEES AND CA DAWGTEL/INFORMATION TECHNOLOGY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER SPECIFICALLY AGREES THAT CA, NOR ITS OFFICIALS, IS NOT RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMEMNT OF ANOTHER&quoS RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

EXCLUSIVE REMEDY: IF USER IS DISSATISFIED WITH THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF USE, User’s SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NEITHER CA ITS OFFICERS, EMPLOYEES AND MOBILE CAMPUS DAWGTEL/INFORMATION TECHNOLOGY SHALL BE RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORUPTION OR ANY OTHER REASON. USER FURTHER AGREES THAT CA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS, AND/OR LIABLILITY FOR SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

ENTIRE AGREEMENT:
This Service Agreement constitutes the complete and exclusive agreement between CA and User with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. User acknowledges and agrees that CA is an intended third-party beneficiary of this Agreement.

MISCELLANEOUS:
The failure of CA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the party’s intentions and the other provisions of the Terms of Use shall remain in full force and effect. User agrees 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 Service or to the Terms of Use must be commenced within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.

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