Last Revised: May 28, 2017
Open Campus, Inc. d/b/a GreekXperience Website and Services are primarily oriented to four audiences. Foremost, university students who are unaffiliated with, but potential new members of, Greek-letter organizations (“PNM”). Second, Greek-letter organizations themselves (“GLO”), at the member, chapter and headquarter levels. Third, personnel and administrators where PNMs attend school (“Universities”). Finally, GLO alumni members who have matriculated. Collectively, all four such audiences shall be referred to herein as Users. The Website is primarily a social network facilitating the exchange of information between Users. The Website and Open Campus technology platform also allow Users to send and receive payments, and provides users with information relevant to their involvement in the Greek community, including analytical analysis and the presentation and compilation of User data that has been entered into the System by Users, or through fetch queries to third party websites or other sources. Additionally, Users may elect to participate in the Open Campus Rewards Program. Open Campus may offer additional services, or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services.
You may have been granted a license to use the Website and certain of the Services, by and through a separate written agreement with Open Campus for a subscription fee. In that event, your ability to use and access the Website, and the Services, is contingent both on your compliance with said agreement and these Terms, which are supplemental to any such agreement.
The following terms and conditions (hereafter, “Terms”) govern your use of the services provided by Open Campus, Inc., d/b/a GreekXperience (“Open Campus”), by and through the GreekXperience.com website (“Website”) the technology platform, and our related offerings (jointly and severally, the “Services”). These Terms constitute a legally binding agreement between you and Open Campus, and are supplemental to any express agreement between you and Open Campus. Please read the following Terms carefully before accessing or using the Services. These Terms affect your legal rights and obligations. If you do not agree to be bound by these Terms, do not access the Website or use the Services. By creating an Open Campus account, or accessing or using any of the Services, you accept these Terms, agree to be bound by them, and consent to have all future amendments to these Terms and all notices provided to you in electronic form. These Terms apply to all visitors, users and others who access or use the Services. In the event you decide to withdraw this consent, you must cease using the services and terminate your account.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Website and the Services. The Services may only be used by individuals who can form legally binding contracts. The Services are not available to children (persons under the age of 18) or Users who have had their account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by these Terms. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. Please note that to be eligible as a PNM for membership with any GLO, a PNM must meet the enrollment and academic criteria of that PNM’s University. For each PNM, it is your responsibility to obtain said criteria from the University or its GLO governing body. By accessing or using the Services or Website, you warrant and represent that you have obtained, reviewed and duly meet these criteria.
Open Campus reserves the right, in its sole discretion, and at any time, to make changes to these Terms. We may do this for a variety of reasons, including without limitation, to reflect changes in, or requirements of, the law, to add new features, or because of changes in our business practices. The most recent version of these Terms will control, and will be posted on the Website. You should regularly check for the most recent version. We will notify you of material changes to these Terms by reasonable means, which may include notification electronically through the Services, or via e-mail. Unless otherwise set forth in a separate express agreement between you and Open Campus, if you continue to use the Services after any changes become effective, then you shall be deemed to have accepted those changes at that time. If you do not agree to any changes made to these Terms, you must end your relationship with Open Campus by ceasing your use of the Services, and terminate your account. Any such termination may be subject to continuing obligations on your part. Such obligations may be forth in a separate express agreement between you and Open Campus. Open Campus may, in the future, offer new services and features. Such new features and services shall be subject to the most up to date Terms. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of these Terms before accessing any updated or upgraded Services.
Subject to these Terms and any written agreement between you and Open Campus, Open Campus hereby grants you a limited, nonexclusive, and nontransferable license to use the Website, the Open Campus technology platform, the materials accessible therein, and certain intellectual property belonging to Open Campus. The scope of this license is limited. You may only use the use the Website, the Open Campus technology platform, and the materials accessible therein as necessary for your reasonable use of the Services, and as set forth in any express written agreement between you and Open Campus. The software and materials made available to you by and through the Website and Services are solely for your personal non-commercial use, as provided by Open Campus during the period in which you are a User in good standing. All other uses are infringing uses.
These Terms do not transfer from Open Campus to you any Open Campus or third-party intellectual property. Open Campus’ materials, including the Website, the Open Campus logo(s), and all other trademarks, service marks, graphics and logos used in connection with Open Campus Applications, Open Campus Services or the Websites are trademarks and the property of Open Campus, or Open Campus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of third parties. Your use of the Website or Services grants you no right or license to reproduce or otherwise use any materials, trademarks or intellectual property of Open Campus, or any third party, other than as specifically set forth by these Terms, or as necessary for your reasonable use of the Services, or as set forth in any express written agreement between you and Open Campus.
You acknowledge and agree that all software and materials contained on the Website are proprietary and constitute intellectual property owned by Open Campus or others who have licensed the use of such materials to Open Campus. You acknowledge and agree that as such, you may access, view, download, receive, and otherwise use the materials available through the Services only as specifically authorized by us and in accordance with these Terms, only on one computer at a time per license and, if downloadable copies of the materials are made available to you by the Services, you may make only a single copy of such materials for your own personal non-commercial use and enjoyment.
Any and all Intellectual Property Rights (“IP Rights”) in Open Campus and our materials, including, the Website, Open Campus Promotional Materials, and any and all Services are, and shall remain, the exclusive property of Open Campus or the licensed owners of the marks. Nothing in this Agreement is intended to transfer or vest any such IP Rights to you. You are entitled to the limited use of said IP Rights specifically to view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below in these Terms, and by any other express agreement you have with Open Campus. You must not:
Where materials are specifically made available by us for redistribution, they may only be distributed within your organization. You agree that you will not take any action to jeopardize, limit, or interfere with Open Campus’ IP Rights as stated above or in any other way. Any unauthorized use of Open Campus’ IP Rights is a violation of these Terms as well as a violation of intellectual property laws and treaties, including but not limited to, copyright and trademark laws. All title and IP Rights in, and to any third party content that is not contained in the Open Campus Website or Services, but may be integrated with or accessed through the Open Campus Website or Services, is the property of its respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
Access to and use of the Services is through the use of a password to a unique User account. You must keep your password strictly confidential and you agree that if you share your unique Login name and/or your Password with another individual or entity that your access to the Services is subject to immediate termination without notice or reimbursement of any kind. Alternately, Open Campus reserves the right to bill you for the additional licenses that would have been required, and you are responsible for all fees incurred. You may not assign or otherwise transfer your account to any other person or entity.
You accept and acknowledge that Open Campus is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords. You further acknowledge that Open Campus specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly use the Services or Open Campus’ materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Services or Open Campus’ materials (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Services or Open Campus’ materials, except as provided herein; (d) renting, leasing, or transferring any rights in the Services or Open Campus’ materials; (e) removing any proprietary notices or labels on the Services or Open Campus’ materials; and, (f) making any other use of the Services or Open Campus’ materials not expressly permitted herein.
You further represent and warrant to the Company that your agreement to these Terms constitutes an agreement that you shall not access, or attempt to access, any materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Open Campus materials, directly or indirectly, in places which we have not authorized such access, viewing, downloading, receipt or other use.
Open Campus retains the right to remove your user account and any User data stored within the account at any time, for any reason. As such, it is your responsibility to back your information up. Open Campus retains the right to access your user account for support and maintenance purposes, and as instructed by you for account service inquiries. Your Information is not confidential, and Open Campus is not liable to you for any damages caused in the event your User Data or account information is deleted.
By using the Services, and thereby consenting to these Terms, you agree that AT NO TIME will you access or use the Website or the Services, to partake in, facilitate, or otherwise encourage any of the following actions:
Undertaking any of the aforementioned prohibited actions may result in termination of your user account. Additionally, using the Services in any way that causes, or may cause, damage to the Services or Open Campus, or impairment of the availability or accessibility of the Website or the Services; or which is in any way unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, may result in termination of your user account. Open Campus reserves the right to remove any account for any reason at any time, with or without notification.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Website or Services, or transmit to other Users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Services, or transmit to Open Campus or any other User (either on or off the Services), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Services and grant the licenses set forth herein. You agree that any Content you place on the Services may be viewed by other Users and may be viewed by any person visiting or participating in the Services (such as individuals who may receive shared Content from other Users).
The Website is intended for respectful and civil adults. Certain community norms are expected and enforced. You may not post, upload, display or otherwise make available Content that:
Open Campus reserves the right, in its sole discretion, to investigate and take legal action against anyone who Posts prohibited content. Open Campus may remove any such offending communication from the Services at its discretion, and terminate or suspend your account without warning. In the event anything you Post causes any harm to Open Campus, or legal action against Open Campus, you agree to indemnify Open Campus for any such harm, or damages incurred, including any and all attorneys fees and costs incurred by Open Campus in the defense of any claim or action, before or after trial, as further set forth or provided herein.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content”). As between Users and Open Campus, Users continue to hold all ownership interest in their User Content. However, by using the Services, Users grant Open Campus a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute the User Content of any User on, or in connection with, the Services, and our related marketing and promotional activities. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity, or otherwise violate these Terms or applicable law. You must not submit any content to the Website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service. You understand that Open Campus currently does not conduct criminal background checks or screenings on its users. Open Campus also does not inquire into the backgrounds of all of its users or attempt to verify all the statements of its users. Open Campus makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. Although under no obligation to do so, Open Campus reserves the right to conduct criminal background checks, or other screenings, at any time using available public records.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL OPEN CAMPUS BE RESPONSIBLE FOR THE CONDUCT OF ANY USER. IN NO EVENT SHALL OPEN CAMPUS, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY INJURIES, LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, FINANCIAL LOSSES, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES OR INJURIES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE WEBSITE OR SERVICES. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICES OR MEET IN PERSON, OR IF YOU DECIDE TO SEND MONEY TO ANOTHER USER. YOU UNDERSTAND THAT OPEN CAMPUS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH OTHER USERS YOU MEET THROUGH THE SERVICES. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER USERS.
Communications on the Website and through the Services are not private. You acknowledge and agree that all messages or content posted by you or others on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s). All messages and other communications by you shall not be deemed to be private or secure. You acknowledge that you have hereby been informed and noticed that any and all messages and other communications which you submit to us or any other User through the Website can be read by the operators and other agents of Open Campus whether or not they are the intended recipient(s).
Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including you, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate these Terms, or which we deem to be otherwise unacceptable.
The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Open Campus. Access to or use of third-party sites or services are at each User’s own risk. Except as otherwise expressly provided herein, Open Campus is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites, products, or services. We encourage Users to be aware of when they leave the Open Campus Website and the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.
Open Campus’ Payment Services are handled by a third party payment processing service (“Payment Processor”). Users who send and receive money using the Services are subject to the terms of service or services agreement of our Payment Processor, which will be provided. By using the Services to send or receive money using the Open Campus Website, you agree to be bound by the terms of service or services agreement of our Payment Processor, as the same may be modified from time to time. As a condition to Open Campus enabling credit card payment processing services, you agree to provide Open Campus accurate and complete information about you, and you authorize Open Campus to share any such information with our Payment Processor, as well as transaction information related to your use of the Services. In all cases, standard credit card or other third party processing fees apply. We are not responsible for the performance of any third party credit card processing or third party payment services.
By using our Services, you acknowledge that Open Campus reserves the right to attempt to recover or hold funds from your accounts associated with your User Account, or the connected account with our Payment Processor, or any bank account associated with your User Account, for reasons including but not limited to: refunds, lost chargebacks, a User does not act in accordance with these Terms, or other situations resulting in negative balances. We may obtain reimbursement of any amounts owed by a User to Open Campus by holding funds from your accounts, or any connected Payment Processor or bank account associated with your User Account, or by seeking reimbursement from you by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
If a chargeback is filed for a payment sent through the system, the cardholder’s financial institution will contact our Payment Processor with regard to the transaction. The Payment Processor will then notify Open Campus of the chargeback. Open Campus may hold the funds associated with the disputed charge until the financial institution concludes its review of the transaction. Once the financial institution concludes its review of the disputed charge and notifies Open Campus through the Payment Processor, Open Campus will comply with the decision and will either refund the disputed charge or disburse the disputed funds.
A portion of the Open Campus Rewards Program is handled by a third party administrator (“Rewards Administrator”). As a condition to participating in our Rewards Program, you agree to provide Open Campus accurate and complete information about you, and you authorize Open Campus to share any such information with our Rewards Administrator, as well as transaction information related to your use of the Services. Certain rewards may be redeemable for products or services provided by third parties. You agree and acknowledge that Open Campus is not responsible for any loss or damage of any sort relating to User dealings with these third party sites, products, or services.
In providing the Services, Open Campus may need to verify the high school and University grades and enrollment information of PNMs (collectively the “Grades”), and disclose said Grades to GLOs as part of the Services provided by Open Campus. The Family Educational Rights and Privacy Act (“FERPA”) is a Federal law that protects the privacy of student education records, as defined in FERPA (20 U.S.C. ┬º 1232g; 34 CFR Part 99). If you are a PNM, by using the Services, you hereby:
You hereby acknowledge the Open Campus Privacy Policy and waive any claims against us that arise out of in relation to any matter relating thereto.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THIS WEBSITE IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. OPEN CAMPUS MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR BY SEPARATE WRITTEN AGREEMENT, NEITHER OPEN CAMPUS NOR ITS DISTRIBUTORS WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. OPEN CAMPUS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF SERVICES. NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
From time to time, Open Campus may make third party opinions, advice, statements, offers, or other third party information or content available through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. Open Campus does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Services. Under no circumstances will Open Campus or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Services, or transmitted to or by any Users.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
YOU AGREE TO HOLD OPEN CAMPUS HARMLESS FOR ANY DAMAGES CAUSED BY YOUR USE OF THE SERVICES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL OPEN CAMPUS, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF OPEN CAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OPEN CAMPUS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OPEN CAMPUS FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OPEN CAMPUS, AND ITS DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES, IF ANY, OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.
Without prejudice to Open Campus’ other rights under these Terms, if you breach these Terms and Agreement in any way, Open Campus may take such action as Open Campus deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, contacting your University administrator, or bringing court proceedings against you.
You hereby indemnify Open Campus, its principals, officers and employees, and undertake to keep Open Campus indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and attorneys’ fees and any amounts paid by Open Campus to a third party in settlement of a claim or dispute on the advice of Open Campus’ legal advisers) incurred or suffered by Open Campus arising out of any breach by you of any provision of these Terms and Agreement, or arising out of any claim that you have breached any provision of these Terms and Agreement.
If any provision of these Terms or Agreement is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. If any provision of these Terms or Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms.
The prevailing party in any dispute directly or indirectly arising from, related to, or in connection with this Agreement shall be entitled to recover all attorneys’ fees and costs incurred prior to suit, in all trial and appellate court proceedings before and after judgment, and including all fees incurred to determine entitlement and amount of such fees. Any and all attorneys’ fees awarded shall be taxable as costs.
Notwithstanding and without regard to any choice-of-law rules to the contrary, Florida law shall govern this Agreement, its interpretation, the parties’ performance thereunder, and all of the parties’ rights and obligations arising out of or related to this Agreement, whether in contract, tort or otherwise. Notwithstanding and without regard to any rules or statutes to the contrary, venue for any dispute concerning this Agreement shall lie in Miami-Dade County, Florida. Except as to only Federal claims over which the state courts do not have concurrent jurisdiction, all disputes arising out of or related to the Agreement, including any dispute that could otherwise be removed to Federal Court, shall be resolved exclusively in the Florida state courts of the Eleventh Judicial Circuit in and for Miami-Dade County. Each party to this Agreement hereby consents to personal jurisdiction in Miami-Dade County, Florida for all disputes concerning this Agreement, its interpretation, the parties’ performance thereunder, and all of the parties’ rights and obligations arising out of or related to this Agreement, whether in contract, tort or otherwise, and also hereby waives any argument that such consent is insufficient under Florida or Federal law to confer jurisdiction.
For information about how to contact Open Campus, please visit www.greekxperience.com/contact.
