By accessing and using RCampus, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use RCampus.
2. RCampus SERVICES
RCampus currently provides users with access to a rich collection of resources, including, various communications tools, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for RCampus to provide the Service. You also understand and agree that the service may include certain communications from RCampus, such as service announcements and administrative messages, and that these communications are considered part of RCampus membership and you will not be able to opt out of receiving them. RCampus may add additional features to the current Service, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU. You understand and agree that the Service is provided "AS-IS" and that RCampus assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings, documents, or data of any type.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
An account is considered ?inactive? after ninety (90) days of non-use. RCampus reserves the right to suspend or terminate an inactive account.
3. YOUR REGISTRATION OBLIGATIONS
3.1.Registration. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. RCampus reserves the right to inquire employment verification for faculty and the current enrollment status for students. If you provide any information that is untrue, inaccurate, not current or incomplete, or RCampus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RCampus has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3.2.Account, Password, and Security. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s). You must immediately notify RCampus of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until RCampus receive such notification. All breach of security, including misuse of an account, lost or stolen personal information, unauthorized use of an account, or any suspicious activities, must be reported to firstname.lastname@example.org immediately. You also agree to ensure that you exit from your account at the end of each session. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user?s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, RCampus reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult?s request. RCampus cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
You understand that all information, documents, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RCampus, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RCampus does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RCampus be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, harmful, abusive, tortious, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, unless required as a part of academic research or assignment;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a RCampus official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services;
"stalk" or otherwise harass another;
claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
collect or store personal data about other users without their knowledge or consent; or
reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of RCampus or the Services, use of RCampus or the Services, or access to RCampus or the Services.
You acknowledge that RCampus does not pre-screen Content, but that RCampus and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RCampus and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RCampus or submitted to RCampus.
You acknowledge and agree that RCampus may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RCampus, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RCampus does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you automatically grant and/or warrant that you have granted RCampus the following world-wide, the perpetual royalty free and non-exclusive right and license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible or restricted areas of RCampus, the license to use, distribute, reproduce, modify, publish, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific RCampus Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RCampus removes such Content from the Service.
You also permit any other user of RCampus, subject to your restrictions, to access, view, and reproduce Content to the same extent permitted herein.
"Publicly accessible" areas of the Service are those areas of the RCampus network of properties that are intended by RCampus to be available to the general public.
You agree to indemnify and hold RCampus, and its owners, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, email, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
8.NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9.GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RCampus may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Items (i.e. messages, files, or other uploaded Content) will be retained by the Service, the maximum number of items that may be transmitted from or transmitted by an account on the Service, the maximum size of any item that may be sent from, received by, or stored in an account on the Service, the maximum disk space that will be allotted on RCampus's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that RCampus has no responsibility or liability for the deletion or failure to store any items maintained or transmitted by the Service. You acknowledge that RCampus reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RCampus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10.MODIFICATIONS TO SERVICE
RCampus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, RCampus or the Service (or any part thereof) with or without notice. You agree that RCampus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that RCampus, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RCampus believes that you have violated or acted inconsistently with the letter or spirit of the TOU. RCampus may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that RCampus may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RCampus shall not be liable to you or any third-party for any termination of your access to the Service.
12.DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RCampus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RCampus has no control over such sites and resources, you acknowledge and agree that RCampus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RCampus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between RCampus and the linked sites. RCampus is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where RCampus would be responsible for the actions of their respective owners.
14.RCampus 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RCampus or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
RCampus grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RCampus for use in accessing the Service.
15.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RCampus EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
RCampus MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RCampus OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
16.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO RCampus AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER RCampus, NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
IN NO EVENT WILL RCampus OR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RCampus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RCampus 'S RECORDS, PROGRAMS, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17.EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES RCampus ?S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notices to you may be made via the RCampus website, email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
RCampus logo and product and service name are trademarks of RCampus (the "RCampus Marks"). Without RCampus's prior permission, you agree not to display or use in any manner, the RCampus Marks. All other trademarks, service marks, trade dress, and logos used in RCampus and the Services are the trademarks, service marks, trade dress, and logos of their respective owners.
RCampus respects the intellectual property of others, and we ask our users to do the same.
The TOU constitute the entire agreement between you and RCampus and govern your use of the Service, superceding any prior agreements between you and RCampus. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and RCampus shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and RCampus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. The failure of RCampus to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.