Terms and Conditions of Campus Quests LLC
​English – CampusQuests Terms of Use – United States
CampusQuests LLC Terms of Service
Effective Date: September 3rd 2024
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These CampusQuests LLC Terms of Service (the "Terms of Service" or "Terms") constitute a legally binding agreement between you ("User" or "you") and CampusQuests LLC ("CampusQuests," "we," "us," or "our"), governing your use of CampusQuests' websites (including www.campusquests.com) (together, the "Sites"), mobile applications (together, the "Apps"), and related services, information, and communications (collectively referred to herein as the "Platform" or the "CampusQuests Platform").
By accessing and using the Platform, you expressly acknowledge and agree to be bound by these Terms of Service, the Privacy Policy, and any other terms and policies incorporated herein by reference (collectively, the "Agreement"). If you do not agree to be bound by the Agreement and abide by its terms, you may not access or use the Platform.
1. Binding Contract
A. Binding Contract. These Terms of Service (“Agreement”) constitute a legally binding contract between you (“User” or “you”) and CampusQuests LLC, a Colorado limited liability company doing business at [your business address], and its affiliates and subsidiaries (collectively, “CampusQuests”, “we”, “us”, or “our”). Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.
B. Agreement. You represent that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a CampusQuests account or whether you simply browse, use, or access any aspect of the CampusQuests Platform. If you do not agree to the Agreement, you may not use the Platform.
C. Supplemental Terms. This Agreement governs the CampusQuests Platform in general. More specific and/or supplemental terms may apply to certain features or services, including but not limited to, particular promotions, services, or activities; specific terms or restrictions that may accompany certain regions, programs, services, or products; and any other conditions or limitations applicable to your use of specific parts of the Platform. Supplemental terms are in addition to this Agreement and, in the event of a conflict, the supplemental terms shall prevail. If you do not agree to any supplemental terms, you may not use the specific features or services to which those terms apply.
D. Amendments. We may amend or modify this Agreement from time to time, including to reflect changes to our services or changes in the law. Any amendments will be effective thirty (30) days after we notify you by posting the updated terms on our website or by sending an email to the address associated with your account. Your continued use of the Platform after the effective date constitutes your acceptance of the amended Agreement. If you do not agree with any changes to the Agreement, you must discontinue your use of the Platform.
E. Accounts. Some features of the Platform may require you to create an account. You agree to provide accurate, current, and complete information when creating an account and to keep your account information updated. You agree not to impersonate anyone else, use another person's account information, or misrepresent your identity or affiliation with any person or entity. We may take steps to verify the accuracy of the information you provide.
F. Passwords and Security. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. CampusQuests will not be liable for any loss or damage arising from your failure to comply with these security obligations.
G. Electronic Notices. You consent to receive all communications from us electronically, including agreements, disclosures, and notices, at the email address associated with your account. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.
H. Termination or Suspension. We may terminate or suspend your access to any part of the Platform at any time, with or without cause, and with or without notice. Reasons for termination or suspension may include, but are not limited to, violation of this Agreement, engaging in illegal or harmful conduct, or any other reason at our sole discretion.
2. The Platform
A. Online Marketplace. The Platform is an online web- and app-based two-sided marketplace that enables connections between Job Posters and College Students. "Job Posters" are individuals and/or businesses seeking to obtain short-term services ("Job(s)"), and "Students" are college students seeking to perform Jobs for Job Posters. Job Posters and Students are collectively referred to herein as "User(s)".
Students are independent business owners providing services under their own name or business name (and not under CampusQuests' name), using their own tools and supplies. Students choose the applicable rates for Jobs without deduction by CampusQuests. Students may (a) maintain a clientele without any restrictions from CampusQuests; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Job Posters and Service Agreements (defined below). Students are independent contractors of Job Posters, and Job Posters are therefore clients of Students, not CampusQuests.
Any reference to a Student being licensed or credentialed in some manner, or being "vetted", "reliable", "elite", "background checked", or "verified" (or similar language) indicates only that the Student has completed a relevant user account registration process or met certain criteria and does not represent anything else. Any such description is intended to be useful information for Job Posters to evaluate when they make their own decisions about the identity and suitability of Students they select or interact with via the Platform. It is not an endorsement, certification, or guarantee by CampusQuests of a Student’s skills or qualifications.
Notwithstanding any feature or service of the Platform that a Job Poster may use to expedite Student selection, the Job Poster is responsible for determining the Job and selecting or otherwise approving their Student and should undertake their own research prior to booking any Job to be satisfied that a specific Student has the right qualifications.
B. CampusQuests’ Role. The Platform is not an employment agency service or business, and CampusQuests is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of CampusQuests.
Users hereby acknowledge and agree that (a) CampusQuests does not (i) perform Jobs nor employ individuals to perform Jobs, (ii) supervise, scope, direct, control, or monitor Students’ work (including that CampusQuests does not set Students’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Students, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for CampusQuests, nor any employment or other relationship between CampusQuests and the Users or between the Job Poster and the Student. Users do not have authority to, and may not act as an agent for, nor bind or make any representations on behalf of, CampusQuests.
CampusQuests is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment insurance, disability insurance, or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Student assumes full and sole responsibility for all required and applicable income tax and social contributions as to the Student and all persons engaged by the Student in the performance of the Job services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
C. License. Subject to your compliance with the terms of the Agreement, CampusQuests grants you a limited, non-exclusive, non-transferable, and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access, and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information, and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. All Users agree to comply with the Acceptable Use Policy in their use of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer, or retransmit the Platform or anything therefrom or thereon without CampusQuests’ prior written consent. Any rights not granted by CampusQuests are expressly reserved.
D. User Representations and Warranties. In your access to and use of the Platform, you represent and warrant that you:
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Will comply fully with the terms of the Agreement, including, without limitation, these Terms and the Acceptable Use Policy and other supplemental terms;
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Are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
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Have the right, authority, and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
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Will only request and/or perform (as applicable) Jobs in a country where the Platform has a presence;
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Will respect the privacy, property, and data protection rights of Users and will not record any Job or any interaction by or with any User and/or CampusQuests without obtaining prior written consent;
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Will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Platform, and being present and/or available at the time you agree upon with other Users);
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Will only utilize the third-party payment service provider to make or receive payment for Jobs;
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Will use your legal name and/or legal business name (as per your government-issued identification and registration documents) and an up-to-date photo on your profile;
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Will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform;
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Will not use the Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
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Will ensure that all communications regarding Jobs (including, without limitation, scoping and payments and any questions relevant to Jobs) remain on the Platform, before, during, and after the Job.
E. Additional Student Representations and Warranties. If you are a Student, you additionally represent and warrant that, in your access to and use of the Platform, you:
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Are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity when using the Platform;
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Are customarily engaged in an independently established business of the same nature as the services performed for Job Posters through the Platform, and maintain an independent clientele;
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Have the unrestricted right to work in the jurisdiction in which you perform Jobs;
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Have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Jobs (including, as applicable, a business license, business tax registration, and/or contractor’s license);
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Have and will maintain all insurance required to operate your business and perform the Jobs;
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Will respond to invitations promptly, provide timely, high-quality services for your Job Posters as agreed in the Platform; only offer and provide Jobs for which you have the necessary expertise to perform; and perform the Jobs as agreed upon with your Job Poster in a safe manner; and
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Will promptly disclose to CampusQuests in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.
3. Use of the Platform
A. Registration. You must register and create an account to access and use the Platform, providing only correct and accurate information (such as your name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify CampusQuests of any changes to your account information. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or CampusQuests’ termination of this Agreement with you. CampusQuests may restrict anyone from completing registration if CampusQuests determines such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.
B. Account Security. You are fully and solely responsible for maintaining the confidentiality of any login, password, and account number provided by or given to you to access the Platform, and all activities that occur under your password or account, even if not authorized by you. CampusQuests has no control over any User’s account. You agree to notify CampusQuests immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.
C. Student Onboarding (i) Background Checks. To the extent permitted by applicable law, Students may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third-party services as appropriate ("Background Check(s)"). If a Student, to the extent permitted under applicable law, you agree to undergo such Background Checks. CampusQuests cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.
(ii) Professional Licensing. CampusQuests does not independently verify that Students have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Jobs. It may be unlawful to perform certain types of Jobs without a license, permit, and/or registration, and performing the same may result in law enforcement action and/or penalties or fines. Students are solely responsible for avoiding such prohibited Jobs. Job Posters are solely responsible for determining if a Student has the skills and qualifications necessary to perform the specific Job and confirming that the Student has obtained all required licenses, permits, or registrations, if any. Job Posters may wish to consult their national, state, provincial, territorial, and/or local law requirements to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional.
D. Service Agreement. The Platform allows Users to offer, search for, and book Jobs. After identifying and selecting a Student to perform a Job, the Job Poster and the Student may communicate via the Platform to understand the scope, schedule, and other details of the Job. Once the Job is scheduled via the Platform by the Student, the Job Poster and Student form a legally binding contract for the Job, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Job Poster and the Student for the Job (the "Service Agreement"). The Job Poster and the Student each agree to comply with the Service Agreement and the Agreement during the engagement, performance, and completion of a Job. Students are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs and acknowledge that there is a chance for individual profit or loss. CampusQuests is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for CampusQuests.
E. Other Parties. (i) Student Assistants. Where approved in advance by the Job Poster, Students may engage assistants, helpers, subcontractors, or other personnel ("Student Assistant(s)") to perform all or any part of a Job; provided that such Student Assistants have registered through the Platform and meet all of the requirements applicable to the Student as set out in the Agreement. The Student assumes full and sole responsibility for the acts and omissions of all Student Assistants used in its performance of Jobs and is fully responsible for (a) the lawful payment of all compensation, benefits, and expenses for its Student Assistants, (b) all required and applicable tax withholdings as to such Student Assistants, and (c) ensuring all Student Assistants are registered Students on the Platform.
(ii) Job Poster Agents. The Job Poster agrees that if they have authorized someone other than the Job Poster to book a Job on their behalf or to be present in their stead when the Job is performed, the Job Poster is appointing that person as their agent ("Job Poster Agent(s)"), and the Job Poster is deemed to have granted to the Job Poster Agent the authority to act as their agent in relation to the applicable Job. Job Poster Agents may direct or instruct the Student's performance of the Job, and the Student may follow such direction as if the direction was given by the Job Poster. The Job Poster assumes full and sole responsibility for the acts and omissions of Job Poster Agents.
4. Fees, Billing, Invoicing, and Payment; Cancellation
The terms relevant to fees (including Student Payments and CampusQuests' fees), invoicing, payment (including for Jobs, and any other amounts owed by Users hereunder), and cancellation are set out in the Fees, Payments, and Cancellation Supplemental Terms, which applies to your access to and use of the Platform. Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the Job Payment and all CampusQuests fees) are non-refundable.
A. Subscription and Transaction Fees.
Job Posters have the option to either:
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Pay a 10% Transaction Fee on each Job. This fee is calculated as 10% of the agreed-upon Job payment. For example, if the Job payment is $100, the transaction fee will be an additional $10.
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This fee is refundable if the Job is not completed.
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If the Job is canceled by the Job Poster, the fee may still apply based on the timing and circumstances of the cancellation.
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Subscribe to a Monthly Plan for $10 per month, which allows Job Posters to post unlimited Jobs without incurring the 10% transaction fee.
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This subscription is non-refundable but can be canceled at any time. However, cancellation will not result in a refund for any portion of the monthly fee already paid.
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B. Payment Methods.
Job Posters may choose to pay the Student either:
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Online: A 5% fee will be applied to the Job payment for processing online payments if the Student has agreed to this method. This fee covers payment processing and administrative costs.
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In-Person: Payment can be made through cash, Venmo, or other agreed-upon methods directly to the Student. No additional fee is applied unless otherwise stated by the platform.
5. Contests and Promotional Codes
CampusQuests may, from time to time, provide certain optional promotional codes, opportunities, and contests to Users. All such optional promotional opportunities will be run at the sole discretion of CampusQuests, will be subject to the terms and conditions governing the same, and can be implemented, modified, or removed at any time by CampusQuests without advance notification. The liability of CampusQuests and Affiliates relevant to such promotional opportunities and contests shall be subject to the limitations set forth in Section 12 of these Terms.
6. Public Areas
The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, job postings, chat areas, news groups, forums, communities, and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum.
You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. CampusQuests will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas.
7. Deactivation and Suspension
In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud, or interference with the proper working of the Platform), CampusQuests may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach. CampusQuests will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by CampusQuests pursuant to this Section, please contact us within 14 days of receipt of such notice with the grounds for your appeal.
If CampusQuests suspends or deactivates your account or limits your use of the Platform pursuant to this Section 7, you may not register and/or create a new account under different usernames, identities, or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.
8. Termination
You may terminate the Agreement between you and CampusQuests at any time by ceasing all use of the Platform and deactivating your account. CampusQuests may terminate the Agreement between you and CampusQuests at any time and cease providing access to the Platform (pursuant to Section 7 above) if you breach any part of the Agreement or violate applicable laws.
Even after your right to use the Platform is suspended, terminated, or limited, the Agreement will remain enforceable against you. CampusQuests reserves the right to take appropriate legal action pursuant to the Agreement.
9. User Generated Content; Feedback
A. User Generated Content.
"User Generated Content" is defined as any information, content, and materials (including any videotape, film, recording, photograph, or voice) you provide to CampusQuests, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform.
User Generated Content is not the opinion of, and has not been verified or approved by, CampusQuests. You acknowledge and agree that CampusQuests: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content (including any accuracy, or results obtained by the use thereof or reliance thereon); (c) may, but has no obligation to, monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement.
You are and remain solely responsible and liable for your User Generated Content. To the extent permitted by law, you hereby grant CampusQuests, for the full duration of all rights that may exist in the User Generated Content (including any legal extensions thereof), a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right and license to publish, reproduce, disseminate, transmit, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, exhibit, display (in whole or in part), act on, and/or otherwise use your User Generated Content, in any media, form, or technology now known or later developed, including (without limitation) in connection with any advertising, marketing, and/or publicizing of the Platform, without any approval by, or compensation to, you.
You hereby represent and warrant to CampusQuests that (i) you have the lawful authority to grant the rights in your User Generated Content as set out herein, and that such rights do not negatively impact any third-party rights; and (ii) your User Generated Content will not: (1) be false, inaccurate, incomplete, or misleading; (2) be fraudulent or involve the transfer or sale of illegal, counterfeit, or stolen items; (3) infringe on any third party’s privacy, or copyright, patent, trademark, trade secret, or other proprietary or intellectual property right or rights of publicity or personality (to the extent recognized by law in the country where the Job is performed); (4) violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (5) be defamatory, libelous, malicious, threatening, or harassing; (6) be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (7) contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (8) claim or suggest in any way that you are employed or directly engaged by or affiliated with CampusQuests or otherwise purport to act as a representative or agent of CampusQuests; or (9) create liability for CampusQuests or cause CampusQuests to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
You hereby waive (x) any "moral rights" associated with the User Generated Content (to the extent allowable by law); and (y) all claims relevant to the User Generated Content and CampusQuests' use thereof and of your likeness. You release the CampusQuests Parties (defined below) from, and shall hold such parties harmless from and against, any and all Liabilities (defined below), based upon or relating to CampusQuests' use and exploitation of such User Generated Content and your likeness as permitted herein.
CampusQuests is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly. If you believe, in good faith, that any User Generated Content provided on or in connection with the Platform is objectionable or infringes any of its rights or the rights of others, you are encouraged to notify CampusQuests at nickrostad@campusquests.com.
B. Feedback.
The Platform hosts User Generated Content relating to reviews and ratings of specific Students ("Feedback"), which enables Users to post and read other Users’ expressions of their experiences. Feedback is the opinion of the User who has posted it. Feedback is not the opinion of, and has not been verified or approved by, CampusQuests. CampusQuests does not evaluate Users. CampusQuests may, but is not obligated to, investigate, modify, and/or remove any Feedback or other remarks posted by Users. You may request removal of a review that violates the Agreement by contacting us at nickrostad@campusquests.com.
10. Intellectual Property Rights
The Platform, and all components thereof and content made available and/or displayed thereon, is owned by CampusQuests, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.
11. Links to Third-Party Websites
The Platform may contain links to third-party websites, which are maintained by parties over which CampusQuests exercises no control. Such links are provided for reference and convenience only; and do not constitute CampusQuests' endorsement, warranty, or guarantee of, or association with, those websites, their content, or their operators.
You access and use such third-party websites at your own risk. CampusQuests is not responsible for the content or practices of any linked third-party websites. You expressly relieve CampusQuests from any and all liability arising from your access to and/or use of any third-party websites.
12. Disclaimer of Warranties
USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SAME ARE EXPRESSLY EXCLUDED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAMPUSQUESTS OR ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE "CAMPUSQUESTS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CAMPUSQUESTS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CAMPUSQUESTS PARTIES TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO CAMPUSQUESTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR ONE THOUSAND U.S. DOLLARS (US $1,000.00), WHICHEVER IS GREATER.
14. Indemnification
You agree to defend, indemnify, and hold harmless the CampusQuests Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) arising from: (a) your use of and access to the Platform; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Generated Content caused damage to a third party.
15. Dispute Resolution
A. Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR RIGHTS.
You and CampusQuests agree to resolve any disputes arising out of or relating to this Agreement or your use of the Platform through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration is an alternative to litigation where a neutral arbitrator hears and decides the parties' dispute. Arbitration proceedings are designed to provide parties with a fair and efficient process for resolving disputes and are typically less formal than court proceedings.
You agree that any arbitration under this Agreement will take place on an individual basis, and that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. You waive your right to a jury trial in any action or proceeding that is subject to arbitration under this Agreement.
B. Governing Law.
This Agreement, and any disputes arising out of or relating to this Agreement or the Platform, will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
C. Jurisdiction and Venue.
Any action or proceeding to enforce this arbitration agreement, or to enforce or vacate an arbitration award, will be brought exclusively in the state or federal courts located in Colorado. You and CampusQuests agree to the personal jurisdiction of these courts.
16. Changes to the Agreement, the Platform, and the App
CampusQuests reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), effective with prior notice (where possible) and without any liability to CampusQuests. To the extent permitted by law, CampusQuests shall not be liable to you for any updates, upgrades, modifications to, or discontinuance of all or any portion of the Platform.
17. No Rights of Third Parties
Except as expressly set out herein and/or is otherwise required by applicable laws, the Agreement is for the sole benefit of CampusQuests and the User, and their permitted successors and assigns, and there are no other third-party beneficiaries under the Agreement. None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement.
18. Notices and Consent to Receive Notices Electronically
Unless otherwise specified in the Agreement, all agreements, notices, disclosures, and other communications under the Agreement will be in writing and will be deemed to have been duly given when received. Any Notices to which the Agreement refers will be sent to you electronically, and you consent to receive Notices in this manner. All notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Consent to Electronic Signatures
By using the Platform, you agree to transact electronically through the Platform; your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature.
20. Governing Law
Except for Sections 15 (Dispute Resolution) and/or 21 (Jurisdiction-specific Provisions) hereof, the Agreement and your use of the Platform will be governed by, and will be construed under, the laws of the State of Colorado.
21. General Provisions
A. Relationship of the Parties.
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship exists, is intended, or created between you and CampusQuests by the Agreement or your use of the Platform. Users do not have the authority to act as agents for, nor to bind or make any representations on behalf of, CampusQuests.
B. Entire Agreement.
The Agreement constitutes the complete and exclusive agreement between you and CampusQuests with respect to your use of the Platform and supersedes any and all prior or contemporaneous agreements, proposals, or communications.
C. Severability; Waiver.
In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable, or it shall be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions. Failure by CampusQuests to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right.
D. Survival.
The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution, as well as the general provisions in this Section 21.
E. Waiver.
No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.