Terms of Service


The products and services (collectively, the "Products and Services") offered by or through CampusChai or CampusChai.com. (collectively referred to as "CampusChai") are made available subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions. Please read these Terms and Conditions carefully.

Privacy

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Changes in Terms and Conditions and Changes in Products and Services

CampusChai reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. CampusChai reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions periodically so you will be apprised of any changes.

Content Linked to or from CampusChai

CampusChai encourages you to exercise discretion while using the Products and Services to browse the Internet. CampusChai makes no representations concerning any effort to review the content of any of the sites listed in search results or other directories, or of any of the sites otherwise linked to or from the CampusChai web sites. CampusChai shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in CampusChai's search results or otherwise linked to or from the CampusChai web sites or provided to CampusChai by third parties.

Disclaimer of Warranties

CampusChai disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Products and Services. CampusChai disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. CampusChai disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CampusChai DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CampusChai DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. CampusChai SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

NEITHER CampusChai NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. CampusChai reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from
(a) your breach of this Agreement,
(b) your violation of the Code of Conduct, and/or
(c) your activities in connection with the Site or Site-related services.


CODE OF CONDUCT

While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization: CampusChai assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes. Your company agrees to and will hold CampusChai harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the CampusChai system. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
CampusChai has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that CampusChai has the right (but not the obligation) to monitor the Site and Site-related services, including any materials, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. CampusChai reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. CampusChai also reserves the right to prohibit any user who, in CampusChai's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.

No License

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of CampusChai's or any third party's intellectual property rights, whether by estoppels, implication, waiver, or otherwise.

Arbitration, Governing Law and Forum for Disputes

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Washington applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Washington, and judgment on the arbitration award may be entered into in any state or federal court in Washington having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Washington having jurisdiction thereof. Except as set forth above, the state and federal courts of Washington shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Washington with respect to all such disputes.

Intellectual Property Infringement Claims

It is the policy of CampusChai to respond expeditiously to claims of intellectual property infringement. CampusChai will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, CampusChai will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CampusChai will terminate access for subscribers and account holders who are repeat infringers. When CampusChai removes or disables access to any material claimed to be infringing, CampusChai may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although CampusChai makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. CampusChai will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before CampusChai replaces or restores access to any material as a result of any counter notification.

Indemnity and Release

By using the CampusChai web sites you agree to indemnify CampusChai and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the CampusChai web sites. By using CampusChai you are hereby agreeing to release CampusChai and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.

Merger

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between CampusChai's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual CampusChai web site are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any products or services available on or through the web site at which those other provisions may be found.

Violations of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of CampusChai, CampusChai reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the CampusChai web sites. If CampusChai should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.