Terms of Use

Welcome to this Site of CampusGuard® LLC (“CampusGuard”). Access to and use of CampusGuard.com and the CampusGuard Central® Portal (each a “Site”, collectively, the “Sites”) are subject to these terms and conditions (“Terms”) and all applicable laws. By accessing any areas of the Sites, you agree to be bound by these Terms. If you do not agree to all of the Terms, please do not use the Sites. CampusGuard may revise these Terms from time to time by updating this web page. Your use of our Sites following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Sites. CampusGuard may also change, move portions of, delete portions of, or add to the Sites from time to time.

Communications With Us

Except as indicated in a secure area of the Sites, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to CampusGuard via the Sites or Internet electronic mail, is the exclusive property of CampusGuard and is not confidential. CAMPUSGUARD CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO CAMPUSGUARD. Unless otherwise stated, CampusGuard is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting, and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to CampusGuard and accepts entire responsibility for its accuracy, appropriateness, and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations, and common law rules).

It is our policy to respect the privacy of individuals who visit the Sites. Our privacy policy (the “Privacy Policy”), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

If you use the Sites in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password, and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.

Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Sites are to be used by you for your organizational use only. Commercial uses of the Sites are strictly prohibited unless prior written consent from CampusGuard has been granted. You agree that you will not use the Sites for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial), or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

You represent and warrant to CampusGuard that nothing submitted by you to a Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule, or regulation, (iii) infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. CampusGuard reserves the right to delete any such material from the applicable Site.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of CampusGuard. You further agree not to use an inappropriate user name of any kind.

You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through a Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.

If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to CampusGuard’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Sites; (iv) your telephone number, address, and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CampusGuard’s agent for notice of claims of copyright infringement on the Sites is:

CampusGuard Legal Department
3015 S. Parker Road, Suite 400
Aurora, CO 80014
ATTN: Copyrights

Upon receipt by CampusGuard of notice of claimed copyright infringement containing the information specified above, CampusGuard will review the infringement claim and, if validated, will promptly remove the allegedly infringing material from the applicable Site. CampusGuard shall have no liability to any user of a Site for the removal of any such material.

Warranty Disclaimer

THE SITES, ANY SERVICE OFFERED ON OR THROUGH THE SITES, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. CAMPUSGUARD EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. CAMPUSGUARD MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITES ARE COMPLETE, ERROR-FREE, OR THAT THE SITES WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED, OR ERROR-FREE, OR THAT A SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITES IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITES, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITES, AT ANY TIME WITHOUT NOTICE. CAMPUSGUARD USES REASONABLE EFFORTS TO INCLUDE ACCURATE, AND UP-TO-DATE INFORMATION ON THE SITES. CAMPUSGUARD IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS.

Limitation of Liability

BY USING THE SITES, YOU AGREE THAT CAMPUSGUARD WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF CAMPUSGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold CampusGuard harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Sites or (ii) violation of any of these Terms.

Copyrights, Trademarks, and Servicemarks

The Sites and all information, documentation, and other content (“Content”) posted in or on the Sites are copyright 2020 CampusGuard. All rights reserved. Unless stated to the contrary, all Content is the property of CampusGuard or its third party licensors. By making this Content available on the Sites, CampusGuard is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Sites, and the appearance of the Sites, including icons and graphics (“Marks”), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of CampusGuard or its third party licensors. Unauthorized use is prohibited.

You agree not to remove copyright, trademark, or other notices from any Content or Marks you may get from the Sites. You cannot download or copy any content from the Sites without the prior written consent of CampusGuard except for your individual use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Sites, or any related software.

External Links

To the extent links are provided from the Sites to other websites that are not managed by CampusGuard, CampusGuard does not operate or control any information, products, or services on, nor endorse nor approve any products, services, or information offered at those sites.

Remedies

In the event that CampusGuard determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, CampusGuard may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Sites; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which CampusGuard deems to be appropriate.

Termination

These Terms are effective unless and until terminated by CampusGuard. CampusGuard may terminate all or part of the Sites at any time without notice to you. Upon any termination of these Terms or any of the Sites, you must promptly destroy all materials downloaded or otherwise obtained from the applicable Sites, as well as all copies of such materials.

Law that Governs the Sites

Information on the Sites includes descriptions of products and services available only in the United States of America and Australia. These Terms are governed by and interpreted pursuant to the laws of the State of Nebraska, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Nebraska, Lancaster County. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.

Entire Agreement

These Terms constitute the complete and exclusive statement of the mutual understanding of the parties, and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.

Special Notice for New Jersey Users

By using this website, you: (a) assume all risks of losses or damages resulting from your use of or inability to use this website; (b) irrevocably waive all losses or indirect, special, consequential, punitive or incidental damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) that may occur as a result of your use of this website; and (c) expressly agree to release and discharge CampusGuard, and its affiliates, employees, agents, representatives, successors, or assigns from any and all claims or causes of action resulting, directly or indirectly, from your use of this website; and (d) you voluntarily give up or waive any right that you may otherwise have to bring a legal action against CampusGuard for losses or damages, whether based on warranty, contract, tort, or other legal theory, including any claim based on alleged negligence on the part of CampusGuard and its agents and employees. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.