Terms of Use
Welcome to CampusSonar.org (the "Website").
These Terms of Use (the "Agreement") are a legally-binding agreement between you and Northstar Education Services, LLC d/b/a Campus Sonar ("Campus Sonar" or "we" or "us"), the owner of the Website, including the associated functionality and applications. BY ACCESSING THE WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT OR ARE DISSATISFIED WITH THE WEBSITE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
- Right to Access and Use the Website. Your right to access and use the Website is personal to you and is not transferable to any other person or entity. You represent that you are at least thirteen (13) years of age.
- Passwords. You agree to maintain the confidentiality of any password(s) you use to access the Website, and you are fully responsible for the actions of any person or entity that accesses the Website using your password. You agree to notify us immediately of any unauthorized use of your password(s) or access of the Website using your password(s). You are responsible for protecting the confidentiality of your password(s) that allow access to the Website.
- Ownership of the Website; Intellectual Property. As between you and Campus Sonar, Campus Sonar owns all right, title, and interest in and to the Website, including its content, software, functionality, data, trademarks and intellectual property. You acknowledge that you do not acquire any ownership rights to the Website by accessing or otherwise using the Website. All of the content on the Website, including all text, photographs, graphics, images, videos, format, and other expressions is the property of Campus Sonar, its parent company, Ascendium Education Group, Inc., or the suppliers of that content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE WEBSITE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. You may only use the content for accessing and understanding such information for individual and personal use. You may not copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website. All rights not expressly granted in this Agreement are reserved to Campus Sonar. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
- Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on or through the Website are those of the respective third party and not of Campus Sonar. In using the Website, you may enter into correspondence or otherwise interact with third parties through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such activity between you and any such third party. We do not endorse any sites on the Internet which are linked to the Website. We may allow certain links from the Website to third-party websites only as a matter of convenience, and in no event shall Campus Sonar be responsible for any content, products, or other materials on or available from such third-party websites.
- Changes to the Website. We may, in our sole and absolute discretion, modify, suspend, restrict access to, modify the hours of availability of, or terminate all or any part or feature of the Website or any link contained herein at any time without liability or prior notice. In addition, we may, in our sole and absolute discretion and without liability or prior notice, terminate or suspend your access to all or any part of the Website, including but not limited to, any bulletin boards on the Website, for any reason, including without limitation, breach of this Agreement. Your obligations pursuant to this Agreement shall survive any such modification, suspension, restriction, or termination for the maximum period allowable under applicable law. We have the right to change or discontinue any aspect or feature of the Website at any time.
- Equipment. You shall be responsible for obtaining and maintaining, and all payments for, all telecommunications, computer hardware, and other equipment needed for access to and use of the Website.
- End User Conduct.
- You are responsible for your actions in connection with your access and use of the Website, including, without limitation, any content you post or upload to the Website or direct others to post or upload to the Website.
- You agree that you will use the Website solely for purposes of obtaining access to the social media listening service and will not use the Website for any commercial or unlawful purpose.
- You agree not to post, upload, or transmit, or cause to be posted, uploaded, or transmitted, on or through the Website:
- Any unlawful, defamatory, libelous, tortious, obscene, or similarly-objectionable content;
- Any content that infringes or otherwise violates the intellectual property rights or other rights of any third party; or,
- Any content that includes any software viruses or other harmful or deleterious computer code, files, or programs.
- You agree not to attempt to access the source code or object code of the Website or attempt to decompile, reverse engineer, or dissemble the Website.
- You agree not to interfere with or disable the Website or the servers or networks used in connection with the Website in any way.
- Except as otherwise expressly permitted under the "fair use" doctrine of copyright law, you agree not to reproduce, distribute, transmit, publish, create derivative works based on, or otherwise exploit the Website.
- Rights to End User Content. By posting, uploading, or transmitting any content on or through the Website, or causing any content to be posted, uploaded, or transmitted on or through the Website (the "End User Content"):
- You represent and warrant that you are the owner of the End User Content and/or that you have the right to grant the licenses to Campus Sonar contained in this Agreement; and,
- You grant to us a fully-paid, royalty-free, perpetual, irrevocable, transferrable, sublicensable, non-exclusive, worldwide license to use the End User Content (in whole or in part) for any and all purposes, subject to the terms of the Website's Privacy Policy, the terms of which are incorporated herein by reference.
- Rights of Campus Sonar to Delete End User Content. We may, but has no obligation to, monitor, review, screen, or edit End User Content; however, without limiting any other rights or remedies of Campus Sonar, we may remove from the Website, delete, and/or destroy any End User Content that either violates the terms of this Agreement or that we, in our sole discretion, deems inappropriate.
- Feedback. We may use your feedback, suggestions, recommendations, or ideas (collectively, "Submissions") in any way, including, without limitation, in future modifications of the Website, other products or services and/or advertising or marketing materials, in accordance with the terms of the Website's Privacy Policy. You hereby grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use in any way the Submissions you provide to us.
- Disclaimers and Limitations on Liability
- The Website may periodically be inaccessible or inoperable for any reason including, but not limited to:
- Transmission interference, interruptions, congestion and/or outages;
- Hardware or software malfunctions;
- Periodic maintenance procedures or repairs made by or on behalf of Campus Sonar; or
- Other causes beyond our reasonable control.
- We are not responsible for any
- Deletion, destruction, or loss of,
- Damage to, or
- Failure to save or store any End User Content.
- We make no representations or warranties regarding the accuracy, quality, integrity, legality, reliability, appropriateness, or timeliness with respect to the Website or any of its content.
- The Website is provided on an as-is, as-available basis and without warranties, express or implied, of any kind, including, without limitation, any warranties of title, non-infringement, merchantability, or fitness for any particular purpose, or warranties arising by course of dealing or custom of trade. We do not warrant that the information on the website is accurate, reliable, or current. You assume all risk of your use of the Website. We expressly do not warrant that the Website, or access to or use of the Website, will be uninterrupted or error free. Under no circumstances shall we be liable for any damage caused by your reliance on the Website or its contents.
- As consideration for your use of the Website, in no event shall we be liable to you for any damages of any kind, including, without limitation, direct, incidental, punitive, indirect or consequential damages (including, without limitation, damages as a result of lost data or loss of access to or use of the Website), regardless of the legal theory asserted (whether in tort, contract, or otherwise) and regardless of whether you were advised of the possibility of such damages, resulting from or relate in any manner whatsoever to
- Your use of the website, or reliance on the Website's content or services, or
- Errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by us or our content providers.
- Some jurisdictions do not allow the limitation or exclusion of certain liabilities or warranties, so some of the above disclaimers and limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law. In no event shall the limitations above relieve us of any liability arising out acts that constitute intentional torts and/or willful or wanton misconduct of Campus Sonar.
- The Website may periodically be inaccessible or inoperable for any reason including, but not limited to:
- Indemnification. You agree to indemnify and hold harmless Campus Sonar and its affiliates, suppliers, information providers, ISPs, and officers, directors, and employees (each an "Indemnified Party") from and against any losses, claims, damages, liabilities, penalty actions, proceedings, or judgments (collectively referred to as "Losses") to which an Indemnified Party may become subject, related to or arising out of any infringement or misappropriation or alleged infringement or alleged misappropriation of any United States or international copyright, trademark, trade secret, or other proprietary right related to your use of the Website or related to or in connection with this Agreement, and shall reimburse each such Indemnified Party for all legal and other expenses, including reasonable attorneys' fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. You also agree to indemnify and hold harmless each Indemnified Party against any Losses to which such Indemnified Party may become subject that arise out of or relate to your violation of this Agreement or your use of the Website or your negligent or wrongful conduct, and shall reimburse each Indemnified Party for all legal and other expenses, including without limitation, reasonable attorneys' fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- Termination. We may immediately terminate this Agreement or your access to all or any party of the Website for any or no reason, with or without notice. The provisions of this Agreement relating to ownership of intellectual property, disclaimers, limitations on liability, and indemnification, and any other provisions of this Agreement where context so indicates, shall survive termination of this Agreement.
- Gramm-Leach Bliley notices. You acknowledge that if we are required under applicable law to provide you with any notice required by the Financial Services Modernization Act of 1999, as amended (the "Gramm-Leach-Bliley Act") and any and all regulations promulgated thereunder, you agree to accept any such notices by means of updates to the Website's Privacy Policy posted on the Website.
- Entire Agreement; Amendment. This Agreement sets forth the entire agreement and understanding between the parties regarding its subject matter and supersedes any prior understanding or agreements, whether written or oral, regarding the same subject matter. This Agreement may not be amended or supplemented by
- Any written communication originated by you relating to the subject matter hereof,
- Statements of any of our employees, or
- Any other purported modification that has not been agreed to in writing by us.
- Miscellaneous. We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the State of Wisconsin, without regard to that State's conflict of laws provisions. This Agreement shall not be governed by or interpreted in accordance with the Uniform Computer Information Transactions Act ("UCITA"), the application of which is expressly excluded. Any dispute arising out of this Agreement will be venued in a state or federal court situated in Madison, Wisconsin, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.