Peak Campus Terms of Use
Last Modified: January 31, 2020
Acceptance of the Terms of
Use
These Website Terms of Use are entered into by and between You and
Peak Campus (“Company”, “we” or “us”). The following terms and
conditions, together with any documents they expressly incorporate
by reference (collectively, these “Terms of Use”), govern your
access to and use of www.peakcampus.com, including any
content, functionality and services offered on or through that URL
(the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully
before you start to use the Website. By using the Website or using
any functions on or within the Website, you accept and agree to be
bound and abide by these Terms of Use and our Privacy Policy, found
at https://www.peakcampus.com/peak-campus-privacy-policy,
incorporated herein by reference. If you do not want to agree to
these Terms of Use or the Privacy Policy, you must not access or
use the Website.
Except as expressly set forth otherwise in a fully executed
agreement between you and the Company, these Terms and Conditions
are the entire agreement between you and us. These Terms of Use do
not alter the terms and conditions of any agreement you may already
have with the Company or its affiliates.
Changes to the Terms of
Use
We may revise and update these Terms of Use from time to time in
our sole discretion. All changes are effective immediately when we
post them and apply to all access to and use of the Website
thereafter.
Your continued use of the Website following the posting of revised
Terms of Use means that you accept and agree to the changes. You
are expected to check this page from time to time so you are aware
of any changes, as they are binding on you.
Your Eligibility and Your
Responsibility
To be eligible to use the Website, you represent and warrant that
you: (i) are at least 16 years of age, or otherwise over the age of
majority in the jurisdiction in which you reside; (ii) are not
currently restricted from the Website and are not otherwise
prohibited from having an account related thereto; (iii) will only
maintain one account at any given time; (iv) will only provide
accurate information to Peak Campus; (v) have full power and
authority to enter into these Terms and doing so will not violate
any other agreement to which you are a party; and (vi) will not
violate any rights of Peak Campus or a third party.
You assume all responsibility for your use of, and access to, the
Website. Accounts are for a single user, company or other legal
entity, as applicable. Any multiple-party use, other than
individual use on behalf of a company or other legal entity, is
prohibited. For example, sharing a login between non-entity
individual users is prohibited.
Accessing the Website and
Account Security
We reserve the right to withdraw or amend this Website, and any
service, product or material we provide on the Website, in our sole
discretion without notice. We will not be liable if for any reason
all or any part of the Website is unavailable at any time or for
any period. From time to time, we may restrict access to some parts
of the Website, or the entire Website, to users, including
registered users.
To access the Website or some of the resources it offers, you may
be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all
the information you provide on the Website is correct, current and
complete, and that you will promptly notify us in writing if your
information changes. It is your responsibility to keep your account
and profile information accurate and updated. We are not
responsible for any disputes or claims related to any inaccurate,
incomplete, or untimely information provided by you to us.
You agree that all information you provide to register with this
Website or otherwise, including but not limited to through the use
of any interactive features on the Website, is governed by our
Privacy Policy, and you expressly agree that we may collect,
disclose, store and otherwise use your information in accordance
with the terms of the Peak Campus Privacy Policy, available at
https://www.peakcampus.com/peak-campus-privacy-policy.
The account you create and any related profile is owned by us. With
regard to your account, you agree to: (i) keep your password secure
and confidential; (ii) not permit others to use your account; (iii)
not use the accounts of others; (iv) not transfer your account to
another party; and (v) notify us of any actual or suspected
unauthorized use of your account. You are responsible for any
activity occurring under your account. You agree to notify us
immediately of any unauthorized access to or use of your username
or password or any other breach of security. You also agree to
ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from
a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any user name, password or other
credentials, whether chosen by you or provided by us, at any time
in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of
Use.
Feedback
You may from time to time identify problems, solutions to
identified problems, provide suggestions, comments or other
feedback related to our Services or otherwise relating to Peak
Campus (“Feedback”) to Peak Campus. You acknowledge and agree that
all Feedback is and shall be given entirely voluntarily and Peak
Campus shall be free to use or disclose such Feedback for any
purpose. You further acknowledge and agree that your Feedback does
not contain confidential or proprietary information and you are not
entitled to any compensation or reimbursement of any kind from Peak
Campus under any circumstances relating to such Feedback.
Limited License &
Ownership
Subject to the terms and conditions herein, Peak Campus grants you
a limited, revocable, non-transferable, non-sublicensable,
non-exclusive license and right to access the Services through a
generally available mobile device, web browser or Peak Campus
authorized Website to view content and information and otherwise
use the Services to the extent intended and permitted by the
functionality thereof. This license is personal to you, and you may
not resell our Services, permit other users access to our Services
through your account, or use the Services to host content for
others. You may not copy or download any content from the Services
except with the prior written approval of Peak Campus. You
acknowledge that, except as otherwise expressly provided, these
Terms are solely between you and Peak Campus.
Furthermore, without the prior written approval of Peak Campus, you
may not distribute, publicly perform or display, lease, sell,
transmit, transfer, publish, edit, copy, create derivative works
from, rent, sub-license, distribute, decompile, disassemble,
reverse engineer or otherwise make unauthorized use of the
Services. Any commercial use not expressly authorized is
prohibited. You agree not to remove, obscure, or alter copyright,
patent, trademark, or other proprietary rights notices affixed to
the Services. Your rights are subject to your compliance with these
Terms as well as any other agreements applicable to the Services
you are using. The Services provided by Peak Campus are licensed,
not sold. The Services, and all copies of the Services, are owned
by Peak Campus or its third-party licensors and are protected by
various intellectual property laws, including, without limitation,
copyright and trade secret laws. Peak Campus reserves all rights
not expressly granted to you herein. You agree that you have no
right to any Peak Campus trademark or service mark and may not use
any such mark in any way unless expressly authorized by Peak
Campus.
Making unauthorized copies or distribution of Site content or
otherwise violating these Terms may result in the termination of
your Peak Campus account, prohibition on use of the Services, and
further legal action. Peak Campus reserves the right to limit your
use of or access to the Services, in its sole discretion in order
to maintain the performance and availability of the Services and to
enforce these Terms of Service.
Peak Campus is not liable for the loss, corruption, alteration or
removal of any content transmitted using our Services. By using our
Site and Services, you expressly waive the right to seek damages
and agree to hold Peak Campus harmless for any such loss,
alteration, corruption or removal. You acknowledge and agree that
you are solely responsible for retaining all records and
reconciling all transaction information relating to your use of the
Services.
Intellectual Property Rights
The Website and its entire contents, features and functionality
(including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States
and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal,
non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material
on our Website, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
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If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
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Modify copies of any materials from this site.
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Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
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Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any
commercial purposes any part of the Website or any services or
materials available through the Website.
If you print, copy, modify, download or otherwise use or provide
any other person with access to any part of the Website in breach
of the Terms of Use, your right to use the Website will cease
immediately and you must, at our option, return or destroy any
copies of the materials you have made. No right, title or interest
in or to the Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos,
product and service names, designs and slogans are trademarks of
the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All
other names, logos, product and service names, designs and slogans
on this Website are the trademarks of their respective owners.
Prohibited Uses
You agree to comply with all applicable laws and regulations in
connection with your use of the Services. You may not use our
Services to post or transmit any illegal material, including
without limitation any transmissions that would constitute a
criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law or
regulation. In particular, the following is a representative,
non-exhaustive list of acts that are prohibited:
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The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
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Acts that may materially and adversely affect the quality of other users’ experience;
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Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
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Introducing malicious programs into Peak Campus’s Website, network or servers (e.g. viruses, worms, Trojan horses, etc.);
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Engaging in any monitoring or interception of data not intended for you without authorization;
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Attempting to circumvent authentication or security of any host, network, or account without authorization;
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Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
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Adapt, modify or create derivative works based on the Website, technology underlying the Website, or other users’ content, in whole or part;
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Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Peak Campus in writing;
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Using any method, software or program designed to collect identity information, authentication credentials, or other information;
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Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
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Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
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Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit 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);
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Falsifying user identification information;
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Using the Website for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
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Impersonating any person or entity, including, but not limited to, a Peak Campus representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Peak Campus enforces a zero-tolerance SPAM policy regarding
information transmitted through our network. Peak Campus may
determine in its sole discretion whether any transmissions are
considered SPAM. SPAM includes, but is not limited to, the
following:
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Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Peak Campus or any URL (domain) that is hosted by Peak Campus.
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The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Peak Campus.
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Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message
You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.
Right to Restrict or Terminate
Access
Peak Campus may deny or restrict your access to all or part of the
Website without notice in its reasonable discretion if it deems
that you have engaged in any conduct or activities that Peak Campus
in its reasonable discretion believes violates the letter or spirit
of any of these Terms. If Peak Campus denies or restricts your
access to the Website because of such a violation, you shall have
no right to obtain any refund or credit for any subscription fees
you have paid.
In the event that these Terms or the Website are terminated for any
reason or no reason, you acknowledge and agree that you will
continue to be bound by these Terms. Following termination, you
shall immediately cease use of the Website and any license granted
to you under any agreement related to your use of the Website shall
immediately terminate. Upon termination, Peak Campus reserves the
right to delete all of your content, data, and other information
stored on Peak Campus’s servers. Peak Campus will not be liable to
you or any third party as a result of the termination of these
Terms or the Services or for any actions taken by Peak Campus
pursuant to these Terms as a result of such termination. Without
limiting the generality of the foregoing, Peak Campus will not be
liable to you or any third party for damages, compensation, or
reimbursement relating to your use of the Services, or the
termination thereof.
You may terminate these Terms by terminating your use of the
Website and any related account. Any sections or terms which by
their nature should survive or are otherwise necessary to enforce
the purpose of these Terms, will survive the termination of these
Terms and termination of the Website. Termination of these Terms or
the Website does not relieve you from your obligation to pay Peak
Campus any amounts owed to Peak Campus.
Reliance on Information
Posted
The information presented on or through the Website is made
available solely for general information purposes. We do not
warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly
at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of
any of its contents.
This Website may include content provided by third parties,
including materials provided by other users, bloggers and
third-party licensors, syndicators, aggregators and/or reporting
services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other
content, other than the content provided by the Company, are solely
the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or
liable to you or any third party, for the content or accuracy of
any materials provided by any third parties.
Press Releases
Any information contained in a press release issued by the Company
and its affiliates should not be deemed accurate or current except
on the date the release was posted. We have no intention of
updating, and disclaim any duty to update, information contained in
press releases.
Changes to the Website
We may update the content on this Website from time to time, but
its content is not necessarily complete or up-to-date. Any of the
material on the Website may be out of date at any given time, and
we are under no obligation to update such material.
Linking to the Website and
Social Media Features
You may link to our homepage, provided you do so in a way that is
fair and legal and does not portray Peak Campus or any of its
products or services in a false, misleading, derogatory, or
otherwise defamatory manor. However, you must not establish a
link in such a way as to suggest any form of association, approval
or endorsement on our part.
This Website may provide certain social media features that enable you to:
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Link from your own or certain third-party websites to certain content on this Website.
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Send e-mails or other communications with certain content, or links to certain content, on this Website.
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Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
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Establish a link from any website that is not owned by you.
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Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
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Link to any part of the Website other than the homepage.
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Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.