OurCampus’s outrageous Terms and Conditions.

January 23, 2020
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From Jim Metrock:

I actually read this long document.  Principals won’t read this. They won’t think it’s worth their time. They care about their students but not enough to even skim this massive collection of words.

School board members won’t read it either. Teachers? No, they are too busy. Parents? No, they don’t even know this marketing firm is in their school.

I post this as we begin our coverage of OurCampus and Campus Advocate. Two new entities that have crawled out of the bomb crater that marked the death of Skoollive.  Alas, it seems the kiddie marketers at Skoollive will try once again to get their electronic billboards into schools.

 

OurCampus.app

USER TERMS & CONDITIONS

Congratulations on your decision to join OurCampus.app (“OurCampus”)! OurCampus, with its affiliates and partners, provides products, services, content, and other features (the “OC Services”) to you when you use or shop on our mobile application, OurCampus.app.

OurCampus provides the OC Services subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on OurCampus.app and any updates to any such terms, conditions or policies (collectively, the “Terms”).

Please review these Terms carefully. To make things a little simpler, we refer to Our Campus and its affiliates as the “Company”, “OurCampus”, “we”, “our”, and “us”. We refer to the users of the OurCampus.app as “you” and “your”.

BY ACCESSING OR USING THE OC SERVICES OR OURCAMPUS.APP, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE OC SERVICES OR OURCAMPUS.APP. IF YOU VIOLATE THE TERMS, YOUR ACCESS TO AND USE OF THE OC SERVICES AND OURCAMPUS.APP IS UNAUTHORIZED.

IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE OC SERVICES AND/OR OURCAMPUS.APP, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS. TO REVIEW OUR ARBITRATION PROVISIONS (SECTION 17) AND CLASS ACTION WAIVER PROVISIONS (SECTION 18), PLEASE SEE BELOW.

1. REGISTERING YOUR ACCOUNT

To make a purchase with OurCampus, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create an OurCampus account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the OC Services and OurCampus.app.

You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible.

for restricting access to your computer(s) or mobile device(s). You agree to access the OC Services and/or OurCampus.app devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the OC Services or OurCampus.app in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the OC Services or OurCampus.app. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the OC Services and/or OurCampus.app is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.

YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email at info@ourcampus.app.

2. USE OF OURCAMPUS.APP

We wanted to set some ground rules for your use of the OC Services and OurCampus.app, your account and/or your interactions with us, other OurCampus customers, or any third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:

  • breach the Terms or any other agreement or policy that you have entered with us;
  • violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including byproviding false, inaccurate, or misleading personal information;
  • create more than one account for yourself, by, among other methods, using a name that isnot yours, using temporary email address(es) or phone number(s), or providing any otherfalsified personal information;
  • use the OC Services or OurCampus.app for the benefit of another business for any commercialor resale purpose, including, without limitation, by placing multiple orders on one account but with multiple different shipping addresses in order to fulfill your businesses orders or reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any of the OC Services or OurCampus.app, or any part thereof, for any commercial purpose;
  • infringe OurCampus’ or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • act in a manner that or upload to, distribute, or otherwise publish through the OurCampus.app any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties;
  • refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us;
  • use the OC Services or the OurCampus.app in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you;
  • use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
  • disclose or distribute another user’s personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so;
  • send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the OC Services or the OurCampus.app;
  • use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the OurCampus.app or the OC Services;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OurCampus;
  • use any meta tags or any other “hidden text” utilizing OurCampus’ name or trademarks;
  • take any action that may cause us to lose any of the services from our internet serviceproviders, payment processors, or other suppliers; or
  • use the OC Services or the OurCampus.app to test credit card behaviors.We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the OC Services, OurCampus.app or a particular Promotion (as defined below).Age Restrictions

    By using OurCampus.app, you represent and warrant that you are either at least 18 years of age or are using OurCampus.app under the supervision of a parent or guardian. If you are under 18 years of age, you may only use OurCampus.app with the supervision of a parent or guardian.

Access and License

Subject to your compliance with the Terms and the intended use of the OC Services and OurCampus.app and your payment of any costs or fees for the OC Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the OC Services and OurCampus.app. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us. All rights not expressly granted to you in the Terms are reserved and retained by OurCampus or its licensors, suppliers, publishers, rights holders, or other content providers.

Much of the information and data and many of the images on OurCampus.app are updated on a real- time basis and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the OC Services or OurCampus.app, or any portion thereof, unless expressly permitted by us in writing prior to such action. Apart from web browsers, mobile operating systems and approved APIs, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the OC Services, OurCampus.app or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the OC Services, OurCampus.app or proprietary software. You agree not to alter or misuse screenshots obtained from the OC Services or OurCampus.app or use product images outside of the OC Services or OurCampus.app. You may not incorporate any portion of the OC Services or OurCampus.app into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the OC Services or OurCampus.app or otherwise assign any rights to the OC Services or OurCampus.app in whole or in part.

3. PRIVACY

You should carefully read our Privacy Policy before using OurCampus.app as it governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to us are likely to reveal your gender, ethnic origin, race, nationality, age, and/or other demographic information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process and use such information, within the terms of the Privacy Policy.

4. REVIEWS, COMMUNICATIONS AND CONTENT

OurCampus.app may permit you, from time-to-time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” OurCampus may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.

You acknowledge that you are responsible for all materials you submit to OurCampus through the OC Services, on OurCampus.app or on other electronic communications (including through any part of OurCampus administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with OurCampus.app through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.

Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) the content is accurate; (2) use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. OurCampus may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.

Unless we indicate otherwise, if you submit any material to us, post any material on OurCampus.app and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to OurCampus a royalty-free, worldwide, perpetual, irrevocable and fully transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse- engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree OurCampus is free to use any ideas, concepts, feedback, and ability you provide to it. You grant OurCampus the right to use the name you submit in connection with such Submissions if we choose.

Without limiting any of the foregoing, OurCampus is free to use any ideas, concepts, ability or techniques contained in any Submissions you send to OurCampus for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

OurCampus does not endorse any submitted content or opinions on OurCampus.app or through the OC Services and such submissions are that of the user expressing them.

5. INTELLECTUAL PROPERTY

All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on OurCampus.app are the exclusive intellectual property of OurCampus, are licensed to OurCampus by third parties, or are otherwise permitted to be used by OurCampus. The collection, arrangement, and assembly of all Content on OurCampus.app (the “Compilation”) belongs exclusively to OurCampus. The OC Services and OurCampus.app, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by OurCampus and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, Title 35 of the United States Code, each other applicable domestic law and all applicable intellectual property laws of other countries. All software used in any of the OC Services or OurCampus.app (the “Software”) is the property of OurCampus or its Software suppliers, which is also protected by U.S. and international copyright laws. OurCampus, OurCampus.app and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.

The use of any of OurCampus’ Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on OurCampus.app or in the OC Services without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.

6. INFORMATION AND PRODUCT DESCRIPTIONS

We may include product descriptions on OurCampus.app or in the OC Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on OurCampus.app are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on OurCampus.app, or through the OC Services, is not as described, your only remedy is to return it in unused condition or to seek redress from the manufacturer.

If you find a description in poor taste, please notify info@ourcampus.app and it may be edited in our sole discretion.

Submissions or opinions expressed in any of the OC Services or OurCampus.app are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the OC Services or OurCampus.app. Unless we expressly state otherwise, the fact OurCampus has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Any product representations or warranties expressed in any of the OC Services or OurCampus.app are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to, vendor promises visible on the packaging of the product and hence in the product image within the any of the OC Services or OurCampus.app.

Our fulfillment centers handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients.

The OC Services and/or OurCampus.app may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by OurCampus from manufacturers, vendors, suppliers, other services, news wires, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on OurCampus.app or through the OC Services. You agree OurCampus and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither OurCampus, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the OC Services or OurCampus.app constitutes a recommendation or solicitation to take or not take any action.

DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.

PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU PLEASE ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.

DISCLAIMER: CONTENT PROVIDED THROUGH THE OC SERVICES OR ON OURCAMPUS.APP IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE OC SERVICES OR ON OURCAMPUS.APP.

7. DISCLAIMER OF WARRANTIES
Important: this Section 7 is important because it is a disclaimer by OurCampus of certain warranties

and liabilities. You understand and agree OurCampus will not assume responsibility for many items.

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.

THE OC SERVICES, OURCAMPUS.APP, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OC SERVICES OR OURCAMPUS.APP ARE PROVIDED SOLELY ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND, THEREFORE, YOUR USE OF THE OC SERVICES AND/OR OURCAMPUS.APP IS AT YOUR RISK. OURCAMPUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OC SERVICES, OURCAMPUS.APP OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OC SERVICES OR OURCAMPUS.APP.

WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE OC SERVICES AND/OR OURCAMPUS.APP, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE OC SERVICES OR OURCAMPUS.APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE OC SERVICES OR OURCAMPUS.APP WILL BE SECURE; THAT THE OC SERVICES, OURCAMPUS.APP OR THE SERVERS THAT MAKE THE OC SERVICES AND/OR OURCAMPUS.APP AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE OC SERVICES, OURCAMPUS.APP OR THIRD PARTIES WORKING ON BEHALF OF OURCAMPUS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE OC SERVICES, OURCAMPUS.APP OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OC SERVICES, OURCAMPUS.APP, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM OURCAMPUS OR THIRD PARTIES WORKING ON BEHALF OF OURCAMPUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT:

  • YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE OC SERVICES AND/OR OURCAMPUS.APP AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE OC SERVICES AND/OR THE OURCAMPUS.APP MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND
  • OURCAMPUS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM OURCAMPUS.APP OR THROUGH THE OC SERVICES.NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.8. LIMITATION OF LIABILITY

    Important: this Section 8 is important because it explains how, and the extent to which, OurCampus limits many of its liabilities. Like many other companies, OurCampus limits its liabilities for various reasons, including because it helps us to provide the OC Services and OurCampus.app in an efficient and user-friendly manner.

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER OURCAMPUS NOR ITS EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS, OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE OC SERVICES, OURCAMPUS.APP, OR INFORMATION, SOFTWARE, CONTENT, COMPILATIONS, AND OTHER SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OC SERVICES OR OURCAMPUS.APP; (ii) ANY CONTENT POSTED ON OURCAMPUS.APP OR AVAILABLE THROUGH THE OC SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE OC SERVICES, OURCAMPUS.APP OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM OURCAMPUS.APP; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE OC SERVICES OR OURCAMPUS.APP; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE OC SERVICES OR OURCAMPUS.APP OR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE OC SERVICES OR OURCAMPUS.APP; (vii) OURCAMPUS’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE OC SERVICES AND OURCAMPUS.APP; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE OC SERVICES AND/OR OURCAMPUS.APP; (ix) ANY ACT OR OMISSION OF YOU, OURCAMPUS, OR ANY THIRD PARTY ON THE OURCAMPUS.APP AT OR ON PHYSICAL PREMISED OWNED, OPERATED, MAINTAINED, LICENSED, OR USED BY OURCAMPUS, INCLUDING IN CONNECTION WITH THE PICKUP OF ANY PRODUCTS OFFERED ON OURCAMPUS.APP BY YOU AT ANY OURCAMPUS DELIVERY LOCATION OR PARTICIPATION IN ANY EVENT, CONTEST, SWEEPSTAKE, PROMOTION, OR OTHER SIMILAR ACTIVITY CONDUCTED AT A PHYSICAL LOCATION; OR (x) OTHERWISE ARISING OUT OF YOUR USE OF OURCAMPUS.APP, IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OURCAMPUS, ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OURCAMPUS SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE OC SERVICES OR OURCAMPUS.APP, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE OC SERVICES AND OURCAMPUS.APP IS AT YOUR SOLE RISK. PLEASE DO NOT USE THE OC SERVICES AND/OR OURCAMPUS.APP WHILE DRIVING OR OPERATING HEAVY MACHINERY.

THIS SECTION 8 AND LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THIS SECTION 8 DOES NOT PREVENT A RIGHT BY A RESIDENT OF THE STATE OF NEW JERSEY TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES AND EXEMPLARY DAMAGES) NOR DOES IT LIMIT OURCAMPUS’ TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM OURCAMPUS’ OWN INTENTIONAL OR RECKLESS CONDUCT.

YOU AGREE THAT, IF ANY PORTION OF THIS SECTION 8 IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, OURCAMPUS’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE OC SERVICES OR OURCAMPUS.APP (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT IS RETURNED BY YOU TO OURCAMPUS. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE OC SERVICES AND OURCAMPUS.APP AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF OURCAMPUS.

9. INDEMNIFICATION

You agree, to the fullest extent permitted by law, to indemnify and hold OurCampus and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the OC Services or OurCampus.app, including in connection with your presence on any physical property owned, operated, licensed, or maintained by OurCampus from time to time; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the OC Services or OurCampus.app caused damage to a third party. OurCampus reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with OurCampus if and as requested by OurCampus in the defense of such matter.

10. RISK OF LOSS

All goods and products purchased by you from OurCampus are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies but shall not be responsible for their failure or for their other acts or omissions.

11. OURCAMPUS MOBILE APPLICATIONS

iOS App

If you use the OurCampus iOS app, your use of the OurCampus.app and OC Services is subject to this Section 11.

Acknowledgment. Apple requires you to agree to certain terms. By using our iOS App, you acknowledge and agree that: (i) these Terms are concluded between you and OurCampus only, and Apple is not a party to these Terms; (ii) as between OurCampus and Apple, it is OurCampus that is responsible for OurCampus’ iOS app and the content thereof; (iii) Apple is not responsible for addressing any claims you have or any claims of any third party relating to the OurCampus iOS app or your possession and use of the OurCampus iOS app, including, but not limited to (a) product warranty or liability claims, (b) any claim that the OurCampus iOS app fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation; and (iv) Apple has no obligation to furnish you with any maintenance or support services with respect to the OurCampus iOS app.

Use of the OurCampus iOS App. In addition to the provisions of the “Access and License” section, you must use the OurCampus iOS app only on an Apple-branded product that runs iOS and any license granted to use the OurCampus iOS App pursuant to these Terms are limited to a non-transferable license to use the OurCampus iOS App on an iPhone, iPad or iPod Touch that you own and control. Your use of the OurCampus iOS app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). In the event our Terms of use of the OurCampus iOS app are less restrictive than, or are otherwise in conflict with, Apple’s Usage Rules set forth for Licensed Applications in the App Store Terms of Service, then Apple’s Usage Rules (which you acknowledge you have reviewed) shall control.

In the event of any failure of the OurCampus iOS app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the OurCampus iOS app (if any) to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the OurCampus iOS app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of OurCampus will be OurCampus’ responsibility, but only to the extent provided by these Terms. Please review these Terms in their entirety as they limit our liability as it pertains to this section and otherwise.

Apple as Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to your compliance with this section. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Maintenance and Support. Except as set forth above and to the extent required by applicable law, OurCampus, and not Apple, is responsible for providing maintenance and support services with respect to the OurCampus iOS app.

Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the OurCampus iOS App or your possession and use of the OurCampus iOS app infringes that third party’s intellectual property rights, OurCampus, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

The OurCampus app from Google Play Store

If you use the App from Google, Inc. or one of its affiliates or successors (“Google”) available through Google Play, your use of the OurCampus.app and OC Services is subject to this section. If there is any conflict between these Terms and the Google Play Developer Distribution Agreement and such other terms which Google designates as default end user license terms for Google Play (collectively, the “Google Play Terms”), the Google Play Terms shall apply.

12. LEGAL COMPLIANCE

You represent and warrant that (i) you not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. UPDATES/MODIFICATINS TO THE TERMS AND APPLICATION

OurCampus reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of these Terms, the OC Services and/or OurCampus.app with or without notice. OurCampus also reserves the right to terminate, discontinue, modify or cancel any or all Promotions and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the OC Services, OurCampus.app, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on OurCampus.app or through the OC Services. As stated above, your use of the OurCampus.app and/or the OC Services or any other product or service confirms your acceptance of the Terms and any such changes or modifications.

Your continued access or use of any OC Service or OurCampus Site following the posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.

14. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.

15. TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the OC Services and OurCampus.app and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the OC Services, OurCampus.app, any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

16. SEVERABILITY

The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

17. DISPUTES – AGREEMENT TO ARBITRATE CONTROVERSIES

PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

OurCampus and you agree that these Terms, and the use of the OurCampus.app and the OC Services, involve and affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply govern the interpretation and enforcement of this Section 22.

In these Terms, the capitalized word “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the OC Services, the OurCampus.app, your use of any of the OC Services, OurCampus.app, Promotions, or to any products or services sold or distributed by OurCampus or otherwise through the OC Services or the OurCampus.app, your access or any other party’s access to and/or use of the OC Services and the OurCampus.app, and/or the provision of content, products, services, and/or technology on or through the OC Services and/or the OurCampus.app.

In the event of a Dispute, OurCampus or you must give the other party notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to OurCampus by email to info@ourcampus.app and by U.S. Mail to OurCampus, Attention: Legal, 600 W. Broadway, 12th Floor, San Diego, California 92101. If OurCampus has your contact information, we will send any such notice to you by U.S. Mail to the address you have set in your account settings and to your email address.

You agree to try to resolve any Dispute with us through informal negotiations which are to begin within 30 days of the date that any notice of Dispute is sent by email and U.S. Mail to the other party. You and we agree to use reasonable, good faith efforts to settle any Dispute through consultation and negotiations. If after 30 days of such consultation and negotiation, we still cannot resolve the Dispute and if you or OurCampus do not want to continue reasonable, good faith efforts to settle the Dispute through consultation and negotiations, OurCampus or you may then resort to the other alternatives described in this section.

Notwithstanding anything to the contrary contained in this Section 17, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the OC Services or OurCampus.app shall not be subject to the notice, 30-day negotiation period, or arbitration as otherwise required by this Section 17.

Except as otherwise specifically set forth in this Section 17, if a Dispute of any kind between you and OurCampus remains unresolved after 30 days of reasonable, good faith efforts to settle the Dispute through consultation and negotiations, the Dispute shall be resolved by binding arbitration. This arbitration provision will also apply to any Dispute between you and any present or future parent, subsidiary, or affiliate of OurCampus, or any employee, officer, director, or investor of OurCampus.

Except as otherwise specifically set forth in this Section 17, any Dispute will be resolved by binding arbitration, rather than in court; provided, however, that:

  1. if you have, in any manner, violated or threatened to violate OurCampus’ intellectual property rights, OurCampus may seek, and you shall not oppose, injunctive or other appropriate relief in any federal court located in San Diego County, California, and you consent to exclusive jurisdiction and venue in such courts;
  2. if any court or arbitrator determines that the arbitration provisions provided in this Section 18 are void or unenforceable for any reason, then the applicable Dispute shall be litigated in federal court located in San Diego County, California, and you consent to exclusive jurisdiction and venue in such courts; and/or
  3. OurCampus or you may assert claims in small claims court, if the applicable claims qualify and where jurisdiction and venue over you and OurCampus otherwise qualifies for such small claims court; provided, however, that if you decide to pursue a claim in small claims court, you agree that you shall still provide OurCampus thirty 30 days’ prior written notice by email to info@ourcampus.app and by U.S. Mail to OurCampus.app, Attn: Legal, 600 W. Broadway, 12th Floor, San Diego, California 92101.

Arbitration is more informal than a lawsuit in court in that there is no judge or jury in arbitration. Arbitration seeks to resolve disputes more quickly and court review of an arbitration award is limited. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. OurCampus and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. OurCampus and you understand that, absent this mandatory arbitration provision and other applicable Terms, OurCampus and you would have the right to sue in court and have a jury trial. OurCampus and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

The arbitrator’s award will be in writing, shall be binding, and may be entered as a judgment in any court of competent jurisdiction.

Arbitration under this agreement shall be conducted by a single arbitrator, and at a location, governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. You agree to submit to the personal jurisdiction of any state or federal court in San Diego County, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless OurCampus is specifically required to pay such fees under applicable law.

To begin an arbitration proceeding, you must contact OurCampus, in writing (the “Demand”), to inform us of your intent to arbitrate a dispute. This Demand must: briefly explain the dispute; list your name, your address, and, if applicable, the name of your representative; specify the amount of money in dispute, if applicable; identify the requested location for the arbitration, if an in-person hearing is requested; and state your demands. At the time you send the Demand to OurCampus, you must also send the following to the AAA: (i) a copy of the Demand; (ii) a copy of these Terms; and (iii) the applicable filing fee. You may submit these materials to the AAA by mail, online, or in person at a AAA office. As of the date of these Terms, the AAA’s mailing address is (but it should be confirmed):

• American Arbitration Association Case Filing Services
402 W. Broadway, Ste. 400
San Diego, CA 92101

Phone: (619) 239-3051

If for any reason a Dispute between OurCampus and you is before a court (e.g., if the arbitration provisions are found unenforceable), OurCampus and you agree to waive, to the fullest extent allowed by law, any trial by jury. As more fully set forth above, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

You may opt not to be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to OurCampus by email to info@ourcampus.app. The notice must be sent within 30 days of your first use of any of the OC Services or the OurCampus.app after the posting of these Terms on October 1, 2019. If you do not opt out pursuant to this Section 17, you will be bound to arbitrate Disputes in accordance with the terms of this Section 17. If you opt out of the provisions requiring arbitration, OurCampus will not be bound by the terms of this Section 17 either with respect any Dispute it has with you.

18. CLASS ACTION WAIVER

PLEASE READ THIS SECTION 18 CLASS ACTION WAIVER CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this Section 18 Class Action Waiver, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the OC Services, OurCampus.app, any products or services sold or distributed by OurCampus or otherwise through the OC Services or the OurCampus.app, your access or any other party’s access to and/or use of the OC Services and the OurCampus.app, and/or the provision of content, products, services, and/or technology on or through the OC Services and/or the OurCampus.app.

OurCampus and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. OurCampus and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this Section 18 Class Action Waiver is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in San Diego County, California.

If any clause within this Section 18 Class Action Waiver is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Section 18 Class Action Waiver will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of OurCampus, or any employee, officer, director, or investor of OurCampus, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

19. GOVERNING LAW AND JURISDICTION

The laws of the State of California apply to everything relating to your relationship and dealings with OurCampus. This means that the Terms, any and all disputes, claims and controversies arising out of or relating to the OC Services or the OurCampus.app shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to its conflict of laws provisions.

20. PRICING, TAXES, ORDER REQUIREMENTS, GIFT CARDS, AND PRODUCT PROMOTIONS

Pricing and Reported Savings

OurCampus continuously works to offer competitive prices on everything we carry. In certain instances, and for certain products, we also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for bulk or wholesale sizes of products available on OurCampus.app against the prices for equivalent or similar bulk or wholesale sizes of products or retail sizes available on national e-commerce retail websites and mobile applications.

Taxes

Items sold on OurCampus.app or through the OC Services may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not OurCampus). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.

Unless specifically indicated on a product’s description page or the checkout page, OurCampus is the seller of items purchased on OurCampus.app or through the OC Services. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.

With respect to those products that are not sold by OurCampus, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.

Shipping

OurCampus only ships to the 48 contiguous states and the District of Columbia. We do not ship to Alaska, Hawaii or to United States territories and protectorates. Other than orders fulfilled by third parties, shipments are delivered by UPS®, FedEx®, or another private courier. Shipments of products marketed through the OC Services and/or OurCampus.app, but fulfilled by third parties, are each shipped separately from other OurCampus products sold through the OC Services or on OurCampus.app.

The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. If you have questions about your delivery, please contact us at info@ourcampus.app.

Minimum Order Requirements and Free Shipping

We may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on OurCampus.app.

We may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on OurCampus.app.

Free Product Samples

OurCampus users may have access to free product samples, as offered from time-to-time by OurCampus, in its sole discretion. Product samples are subject to availability and may be replaced by OurCampus with substitutes of greater, equivalent, or lesser value to any sample advertised by OurCampus or selected by you. To receive free product samples, you must add the requested samples to your cart on OurCampus.app prior to checking out. If free product samples are not added to your cart before checkout, such samples will not be included in your order. Free product samples cannot be added to previously placed orders.

In certain circumstances, all of the products in your OurCampus order may be fulfilled solely by a third-party. In such circumstances, OurCampus shall be under no obligation to provide, ship, or replace any free product samples.

OurCampus may include a free product sample in your order that does not require your selection or addition to your cart. By using the OC Services and OurCampus.app, you agree to receive free product samples provided by OurCampus without any action by you, subject to availability and in OurCampus’ sole discretion. You understand that it is important to read the ingredients contained in free sample products, which may be made with known food allergens. We do not separate products based on their listed ingredients and the potential for any ingredient to be an allergen.

Promotional Codes

Notwithstanding anything to the contrary herein, OurCampus may, in OurCampus’ sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the OC Services, OurCampus.app, or third-party provider’s services, subject to terms that OurCampus establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by OurCampus; (iii) may be disabled by OurCampus at any time for any reason without liability to OurCampus and without notice; (iv) may only be used pursuant to the specific terms that OurCampus establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. OurCampus reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that OurCampus determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Promotional Emails

As a user, you agree to receive newsletters and promotional emails, including, without limitation, certain third-party offers.

Promotional, gift, or offer codes and Gift Cards

From time-to-time, we may offer qualified consumers “promotional codes,” “gift codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “promotional codes”) that are redeemable towards a purchase on OurCampus.app or through the OC Services, while supplies last, and subject to certain merchandise exclusions or any other restrictions, as may be determined and communicated by us in our sole discretion. Only valid promotional codes provided or promoted by us will be honored at checkout. Other codes supplied or promoted by third parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Unless otherwise stated in a particular promotional code’s terms and conditions, each promotional code is non-transferable and valid for single use (limit one per order) on an item (or items) of merchandise as determined by OurCampus. Promotional codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. Promotional codes must be entered in the “Apply Promo Code/Gift Card” field at checkout. Promotional codes are valid through the OurCampus.app only. We are not responsible for lost, stolen or corrupted promotional codes or any unauthorized use of promotional codes. Promotional codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promotional code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each promotional code. Promotional codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promotional code requirements will not be honored.

From time-to-time, in our sole discretion, we may offer Gift Cards and/or Gift Certificates (collectively referred to herein as “Gift Cards”) for purchase by our customers. Gift Cards are redeemable only on OurCampus.app and are subject to the terms and conditions in effect at the time of purchase.

Gift Cards have no expiration date, and you will not be subject to any dormancy fee, transaction fee, or other fees for use or non-use of a Gift Card. Gift Cards are not “credit cards” and cannot be used as such. Gift Cards are assigned a fixed monetary value in United States dollars and should be treated as cash. Use of a Gift Card is limited to the amount of funds held on the Gift Card and it is your responsibility to know the amount of available funds on your Gift Card at all times. From time to time, single-use Gift Cards with a fixed monetary value may be issued where the entire monetary value of the Gift Card must be applied in one transaction, with any remaining balance forfeited if the entire monetary value is not so applied. Gift Cards may be redeemed as payment for any of the products on the OurCampus.app. Gift Card balances may not be used to purchase additional or other Gift Cards and cannot be reloaded, resold or transferred for value. For combinations with other offers, restrictions may apply.

Gift Cards are not returnable or refundable for cash except in states where required by law. For example, if a balance of less than $5 remains on a Gift Card owned by a New Jersey resident following redemption, upon such New Jersey resident’s request to info@ourcampus.app, we will refund the balance. Except to the extent required by applicable law, any unused Gift Card balance will remain in the recipient’s Gift Card account and such balances are not transferable or refundable. The full amount of each purchase, including taxes, shipping and other applicable charges, will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. If a purchase made with a Gift Card exceeds the amount of the Gift Card, the balance must be paid by another valid payment method (i.e., credit card, debit card, additional Gift Card(s)).

Gift Cards are subject to verification, and any Gift Card that we believe, in our sole discretion, to have been purchased or obtained fraudulently or through illegal means will be subject to invalidation without refund. Gift Cards may not be used in connection with any Promotion, Promo Code, promotional codes, marketing, advertising or other promotional activities without prior approval of OurCampus. Furthermore, the use of Gift Cards in any manner that suggests, states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, OurCampus is prohibited unless you receive prior written approval for such use from OurCampus.

OurCampus may provide Gift Card purchasers with information, or means to access information, about the redemption status of Gift Cards from time to time. To check your credit balance, visit OurCampus.com/account/invite. OurCampus reserves the right to change these terms and conditions from time to time in its discretion, subject to compliance with all applicable laws. The most current version of this Gift Card policy will be available on this site and will supersede all previous versions of this Gift Card policy. Your continued use of a Gift Card is your acceptance of all then-current terms and conditions. Gift Cards are void if not obtained in accordance with these terms and conditions and through legitimate channels.

OURCAMPUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL (WHETHER DUE TO PHYSICAL OR ELECTRONIC ISSUES WITH SUCH GIFT CARD), YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE RISK OF LOSS AND TITLE FOR GIFT CARDS PASS TO THE PURCHASER UPON OUR ELECTRONIC TRANSMISSION TO THE RECIPIENT OR DELIVERY TO THE RECIPIENT AT THE ADDRESS PROVIDED BY RECIPIENT TO OURCAMPUS, WHICHEVER IS APPLICABLE. OURCAMPUS IS NOT RESPONSIBLE FOR ANY GIFT CARD THAT IS LOST, STOLEN, DESTROYED OR USED WITHOUT YOUR PERMISSION. WITHOUT LIMITING ANY LIMITATION OF LIABILITY PROVISION CONTAINED HEREIN, IN NO EVENT WILL OURCAMPUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY PERSON’S USE, OR OURCAMPUS’S PROVISION, OF ANY GIFT CARD.

For any questions concerning your Gift Card(s), please contact info@ourcampus.app. Use of this Gift Card for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

Third Party Sites & Ads

The OC Services and OurCampus.app may contain links to third-party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third-Party Sites & Ads are not under the control of OurCampus and OurCampus is not responsible for such Third-Party Sites & Ads. OurCampus does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third-Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to a Third-Party Site & Ad, the applicable third party’s terms and conditions apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction on or with such Third-Party Sites & Ads.

Third Party Services

When you use the OC Services or OurCampus.app, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

22. RETURN POLICY

All return requests must be made within fourteen (14) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen (14) days after the date of delivery are not eligible for return.

All purchases made with a Promo Code or pursuant to a Promotion are final and are not eligible for return, unless the reason for the return request is for errors or inaccuracies in the order made by OurCampus.

Users may not return items for reason of stock or inventory balancing, offsetting unused inventory, insufficient expiry period, inability to resell items, quantity miscalculation, or reversing initial acceptance of purchased orders. All specialized or custom purchases, including, without limitation, phone orders, orders made pursuant to purchase order, business orders, discounted orders, and custom pallet orders requiring special delivery accommodations by OurCampus, are not eligible for return, unless otherwise agreed in writing by OurCampus, in its sole discretion.

If the Return Policy allows for a return, or we otherwise agree to a return in writing, we do not take title to returned items until the item arrives at our fulfillment center. We will only issue a refund upon receiving the returned item at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

23. PRODUCT PICK-UP

OurCampus may provide you access to certain physical locations from time to time, in the exercise of its sole discretion, for the in-person pick-up of products purchased through use of the OurCampus.app and the OC Services. You agree that by entering such premises, you agree to comply with all posted rules and regulations, and all applicable law, pertaining to your presence on, and use of, such premises. OurCampus or a third-party designated by OurCampus may communicate additional rules to you from time to time and your continued presence on the premises will be deemed to indicate your acceptance of such rules. You acknowledge and agree that you shall remain solely liable for all of your actions and omissions taken while present on such premises, and the actions and omissions of any minors accompanying you to the premises.

24. SUBSCRIPTIONS

We understand life is hectic! You can schedule regular deliveries of your favorite items with OurCampus’ subscription service. By placing an order through our subscription service, you agree to these terms, conditions, limitations and requirements applicable to OurCampus’ subscription service. Without limiting the effect of Section 17, OurCampus reserves the right to change the subscription service benefits, including any discounts and eligibility used to determine discount amounts, at any time and at our sole discretion. All changes will apply to future orders, including those for current subscriptions.

To subscribe to an eligible product, simply follow the subscription instructions on your account home page, or the product page for the item or items you would like to subscribe to. It’s as simple as that! We will send you a reminder email before each delivery showing you the product(s) and any applicable discount for your upcoming delivery. The prices on your items may change, depending on the price for the selected product(s) at the time your order is processed and shipped.

If you have any questions regarding your subscription, or need additional help, you can contact us atinfo@ourcampus.app.

Enrollment, Monthly Fee and Benefit Rollover

You may enroll in a subscription through your personal account page on OurCampus.app, or through other means that we may make available to you from time to time. Enrollment will be for successive periods of one month, unless a different period is specified at the time, and through the means, of enrollment. Your enrollment will automatically renew each month unless and until you cancel your enrollment by following the steps described in the “Subscription Changes and Cancellation” paragraph below. You will be charged a fee for your subscription enrollment on or about the date of enrollment, subject to any trial periods that may be offered by OurCampus from time to time at our sole discretion, and a monthly fee thereafter. The monthly fee for the subscription will be based on the subscription tier you select and will be stated on your account page or through any other means provided for enrollment in the subscription plan program. From time to time, we may offer different benefit and payment options under the subscription plan program, and the fees for such options may vary depending on the option chosen.

Any subscription benefits accrued to your account, but that are unused in any month of paid enrollment in a subscription plan, may rollover for use in succeeding months of your active enrollment in the subscription. Similarly, accrued, but unused, benefits from a higher tier subscription plan will rollover for use in succeeding months of your active enrollment after a change to your subscription plan, including a change to a lower tier subscription plan. OurCampus reserves the right in its sole discretion to determine whether any accrued, but unused, benefits will be able to be used after the cancellation of your enrollment in an OurCampus subscription plan.

Enrollment in a subscription may require you to have a valid telephone number and a valid credit or debit card on file that will be used to process your monthly fee, and which will be stored to process the monthly fee until you are no longer enrolled in the subscription plan program. Gift Cards, coupons, Promo Codes, and other discounts or Promotions are not eligible to be applied to the cost of your subscription plan. Taxes may apply on either or both of the subscription monthly fee and the benefits provided through the plan you choose (such as reduced and/or free shipping charges).

By providing your phone number, you agree that we may call you from time to time on the number provided in connection with the management of your account, including to discuss any issues with the payment method provided. By providing your credit or debit card, you authorize OurCampus or its agents to charge the provided card for each month of enrollment, unless you change or cancel your enrollment by following the steps described in the “Subscription Changes and Cancellation” paragraph below.

If all eligible payment methods we have on file for you are declined for payment of your subscription monthly fee (whether for your initial enrollment or any subsequent renewal), you must provide us a new eligible payment method promptly or your enrollment may be immediately suspended or cancelled. If you provide us with a new eligible payment method and are successfully charged, your new enrollment period will be based on the original renewal date and not the date of the successful charge. If you do not provide us with a new eligible payment method or are not otherwise successfully charged, we reserve the right to apply any Promotion balances accrued in your account for application to any subscription plan benefits conferred to you, but not paid for.

Subscription Changes and Cancellation

Unless you received a gift through participation in the FundFest program at the time of commencement of your subscription plan, you may change your selected subscription plan tier at any time by visiting your account page and adjusting your subscription enrollment; provided that we may charge you (or withhold from any eligible refund amount) the value of all subscription benefits used by you prior to the effective date of your change or cancellation. You may also cancel your subscription enrollment prior to the monthly renewal date by either visiting your OurCampus account page and following the cancellation instructions, or, if unavailable, by sending an email to customer service at info@ourcampus.app. You will continue to enjoy your subscription plan benefits until the cancellation effective date; provided that the subscription plan benefits that may have accrued prior to the cancellation effective date, but that will be delivered or provided after the cancellation effective date may be forfeited in the event of your cancellation. You will not be charged for the following month if you cancel your subscription plan enrollment at least five (5) days prior to the start of that month. If you cancel at any other time, you will not be eligible for any refunds of your subscription plan monthly fee, but OurCampus may issue a refund for your monthly fee in the exercise of its sole discretion. Refunds will be processed in a timely manner, but please allow sufficient processing times, which may vary based on the procedures and policies of your card issuer and/or financial institution.

If you received a gift through your participation in the FundFest program at the time of commencement of your subscription plan, you may still cancel or modify your subscription plan as provided in the preceding paragraph. But, if you do so before the expiration of the number of minimal required months of the subscription plan, you may (at OurCampus’ sole discretion) be required to (1) pay the remaining balance of the subscription plan owed for the minimum subscription plan time, or (2) pay for the value of the FundFest gift. The minimum number of required months of the subscription plan and/or the value of the FundFest gift will be provided to you at the time of the presentation of the FundFest prize.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTOMATICALLY RENEW YOUR BOXED PASS ENROLLMENT, YOU UNDERSTAND THAT YOUR OURCAMPUS SUBSCRIPTION PLAN ENROLLMENT WILL AUTOMATICALLY RENEW ON THE ONE- MONTH ANNIVERSARY OF YOUR ENROLLMENT IN A SUBSCRIPTION PLAN TIER AND FOR SUCCESSIVE ONE-MONTH PERIODS THEREAFTER AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MONTHLY FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Eligible Products & Offer Details

You can subscribe to eligible products that provide a subscription offer on OurCampus.app. By subscribing to OurCampus’ subscription service, OurCampus will automatically create a new order according to your chosen delivery schedule and will charge one or more of your payment methods on file, until you modify your subscription, modify your payment methods, or cancel your subscription. The details of a subscription offer may change as you receive deliveries over time. These changes can include item price, minimum order amounts, and shipping charges.

Your OurCampus subscriptions are unique to you, and you may not assign or transfer any subscription or any of the benefits to a third party without our authorization. OurCampus’ subscriptions are void where prohibited by law.

Discounts & Product Promotions

OurCampus may offer subscription discounts and other limited-time promotions on one or more eligible subscription products. If there is a discount applicable to an item, the discount for that item will appear on the product page, and then may only apply if you select the subscription delivery method. OurCampus may change any discount at any time. Limited-time promotions apply only during their effective dates.

If an item ships before the subscription discount changes, you will receive the old discount on that order; however, the new discount, if any, will apply to future orders. The item price and any applicable discounts will be calculated before your reminder email. The price of the item may decrease or increase between deliveries but will never be higher than the price shown in your reminder email.

Payment

When your order is processed, OurCampus will charge you the cost of the item on that day, less any applicable subscription discount, plus any applicable sales taxes and other governmental charges and fees. We’ll apply any eligible promotional credit balances on your OurCampus customer account toward the balance of your order before charging any remaining balance to your payment method on file.

We will bill your subscription to the payment method used to create your subscription or as otherwise directed by you. If we cannot complete your order with the payment method you used to create your subscription, you authorize us to update your subscription with an alternative payment method in your account and to charge your subscription on that payment method

Returns

All returns under OurCampus’ subscription service are subject to OurCampus’ return policy.

25. ORDERS FULFILLED BY PARTNERS

Certain products and services marketed on OurCampus.app are stored, shipped, and fulfilled by third- party manufacturers, distributors, suppliers, and/or other independent parties. OurCampus will endeavor to identify such relationships on the applicable product pages and/or in the product description, but makes no guarantee, representation, or warranty that all or any products fulfilled by third parties will be so identified. In instances where products fulfilled by third parties are displayed on OurCampus.app, OurCampus is acting solely in its capacity as marketer to such third parties with respect to the products and services fulfilled by such third parties.

Once you have placed an order through the OurCampus.app for products and services that are fulfilled by parties other than OurCampus, we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from OurCampus or the applicable third parties that will be responsible for fulfilling third-party goods and services market on the OurCampus.app, which order confirmation may be issued directly by such third-parties or OurCampus on such third parties’ behalf.

Certain products and services fulfilled by third-parties may require additional time for delivery, may involve surcharges for shipping, handling, and/or delivery, may require age verification upon delivery, or may have additional requirements imposed by the third party fulfilling the order for these products and services in order to process orders and completed delivery. OurCampus will endeavor to describe all requirements applicable to such third-party products and services, but makes no guarantee, representation, or warranty that all or any requirements applicable to such third-party products and products will be identified, or, if identified, that such identified requirements will be accurate or complete.

Scheduled Delivery Services

Some products and services fulfilled by third parties require scheduled delivery due to their size and weight, the nature of the products and services, or the value of the products and services. These items may include, without limitation, large electronics, furniture, fitness and sporting equipment, jewelry, flowers and plants, recreation vehicles, appliances, yard fixtures, and other bulky items. If scheduled delivery is required, confirm in advance that an adult, age 18 or over (19 or over in AL or NE), with valid government-issued photo identification is available throughout the period of the scheduled delivery. Additional delivery requirements may be required to successfully complete delivery, some items may be delivered separately from other items in your order, and delivery to particular areas of your home may not be available. Failure to meet any minimum delivery and acceptance requirements communicated to you may result in additional shipping, handling, and/or delivery charges.

Delivery with Installation; Haul-Away and Recycling

If delivery with installation is available and selected by you during checkout, OurCampus or the third- party fulfilling the purchased products and services will deliver and install your purchase, subject to the agreed terms available at the time of purchase. Installation is not available for all products and may require additional fees along with the purchase of specific accessories or parts needed to make these connections. The third-party provider may make available recycling and haul-away services, which services may be subject to additional charges and fees as determined by the third-party fulfilling the new products purchased. If recycling or haul away services are not available, your new product you will need to have all old products disconnected and removed prior to the arrival of the delivery and installation personnel.

Customer Service; Return Policy for Third-Party Goods and Services

The third parties shipping, fulfilling, and delivering products and services marketed on the OurCampus.app may be in the best position to assist you with the portions of your order(s) comprised of goods and services not fulfilled by OurCampus. Contact the appropriate third party directly to resolve the problem. In most cases, OurCampus cannot track orders or process cancellations, returns or replacements for items that were purchased from a third party through use of OurCampus.app or OC Services, and these items cannot be returned to OurCampus. We will coordinate with these third parties to assist you with any questions or issues, but such parties may have customer service policies and procedures that vary from these Terms and will control the products and services they fulfill and deliver. In addition, such products and services may be subject to return policies specific to the third- party products and services offered, which OurCampus will endeavor to identify on the relevant product pages and/or in the relevant product description.

26. OUT OF STOCKS

If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such item, or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.

27. FUNDFEST PROGRAM

With enrollment in a subscription plan, you will be eligible to participate in OurCampus’ FundFest Promotion Program. From time-to-time, we may make certain offers of gifts or awards which can be earned by you through the promotion of OurCampus subscription plans (each a “Promotion” and, collectively, the “Promotions”). Promotions may be publicized on the OurCampus.app, through advertisements, and/or through other marketing channels. If you participate in any Promotion, you will be subject to these Terms and any additional specific terms, conditions, rules, and policies applicable to the Promotion.

Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the OurCampus.app and may be suspended or terminated at any time by OurCampus at OurCampus’ sole discretion. OurCampus determines, in its sole discretion, the accrual rates, thresholds, method and timing for the application or implementation of any Promotion and/or any other restrictions as may be determined and communicated by OurCampus in its sole discretion.

As to the Promotions, the following shall apply: (i) they shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) subscription plan credits earned by you may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by OurCampus; (iii) Promotions may be disabled by OurCampus at any time for any reason without liability to OurCampus and without notice; (iv) Promotions may only be used pursuant to the specific terms that OurCampus establishes for such Promotions; (v) awards and gifts are not valid for cash; and (vi) awards/gifts may expire prior to your use. OurCampus reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions by you or any other user in the event that OurCampus determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

The gifts or award to be earned may vary from Promotion to Promotion. Any tax imposed on any Promotion gift or award shall by paid by you.

27. CONTACT OURCAMPUS

Phone: (909) 326-2195
Monday Friday 9.00AM – 8:00PM PST
Email: info@ourcampus.app

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