U of U Plus Terms of Service

Welcome to U of U Plus, presented by the University of Utah (“University” or “we” or “our”).

The following terms and conditions (these “Terms of Use”), govern your access to and use of the U of U Plus platform, including the website at UofUPlus.com, the related mobile app and any content, functionality and services offered on or through same (collectively the “U of U Plus Platform” or “Platform”).

The U of U Plus Platform provides qualified users with access to various types of information and services and, for eligible participants, the opportunity to participate in certain contests and sweepstakes. For applicable contest and sweepstakes rules, including eligibility requirements, see UofUPlus.com/.

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and the Platform Privacy Policy, found at UofUPlus.com/ (“Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Platform. Compliance with these Terms of Use permit you to use the Platform in order to interact with U of U Plus and participate in Challenges (as defined below).

This Platform is offered and available to users who are eighteen (18) years of age or older. By using this Platform, you represent and warrant that you are of such age, meet other eligibility requirements specified herein and can form a binding agreement with U of U Plus. If you do not meet these requirements, you may not access or use the Platform.

This Platform and any promotions within are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn, Apple or Google. You understand that you are providing your information to the owner of this Platform or promotions and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn, Apple, or Google.

Access to the Platform

You are responsible for all arrangements necessary for you to have access to the Platform and for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To engage with or access the U of U Plus Platform or any of the resources available through it, you may be asked to provide certain information, either directly or through certain social media channels. It is a condition of your use of the Platform that all the information you provide be current and accurate. You further agree that all information you provide through U of U Plus, including but not limited to any posted to or through the use of any interactive features on the Platform, is governed by these Terms of Use and the Privacy Policy, and you consent to all actions we take with respect to your information consistent with same.

We reserve the right, in our sole discretion without notice, to withdraw or amend this Platform, any service, material or content provided on the Platform, or any Challenges or other activity. We will not be liable if for any reason all or any part of the foregoing is unavailable at any time or for any period. From time to time, we may restrict access to the Platform, in whole or in part.

Challenges

From time to time, the U of U Plus Platform may present opportunities for eligible users to participate in sweepstakes and contests that award prizes (“Challenges”). In addition to these Terms of Use, Challenges are subject to separate rules and conditions, including eligibility requirements, that can be found at UofUPlus.com/. By participating in Challenges, you agree that you are eligible to do so and will abide by all such rules and conditions.

Intellectual Property Rights

The Platform 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 us or our sponsors, licensors or other providers of such content and materials and are protected by state and federal laws in the United States and other countries, including those governing copyrights, trademarks, patents, trade secrets, publicity rights and other intellectual property or proprietary rights.

Except as expressly authorized, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Platform or its contents, in whole or in part, or delete or alter any copyright, trademark or other proprietary rights notices from this Platform or its contents provided that:

· Your computer, tablet, smart phone or other similar device may temporarily store copies of such content in RAM incidental to your accessing and viewing that content.

· You may store files that are automatically cached by your Web browser for display enhancement purposes.

If we provide desktop, mobile or other software applications for download, you may download a copy to your computer, tablet, smart phone or other similar device solely for your use, subject to these Terms of Use and provided that you agree to be bound by any other end user license agreement that may accompany such applications.

The name “U of U Plus,” any U of U Plus logo, and all names, logos, product and service names, designs and slogans of the University of Utah are trademarks of the University. You may not reproduce or use such marks without our prior written permission. . All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners and may not be used without their permission.

User Supplied Content

For purposes of any information, software, text, displays, photos, images, drawings, video, audio or other content that you may post, deliver or otherwise make available to the Platform, directly or through social media channels (“User Supplied Content”), you hereby grant us a royalty-free, worldwide, perpetual right and license to store, use, reproduce, distribute, modify, create derivative works based on, publicly display and publicly perform such User Supplied Content and further represent that you have full right, power and authority to grant such license.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Platform:

· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

· To impersonate or attempt to impersonate U of U Plus, the University, a University employee, or another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

· For any commercial purpose, without our express authorization.

· To engage in any other conduct that restricts or inhibits any other party’s use or enjoyment of the Platform, or which, as determined solely by us, may harm the U of U Plus Platform, the University, or users of the Platform or expose them to liability.

Additionally, you agree not to:

· Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

· Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

· Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.

· Use any device, software or routine that interferes with the proper working of the Platform.

· Introduce to or transmit through the Platform any virus, ‘Trojan Horse,’ worm, logic bomb, malware or other malicious code or material harmful to the Platform or any other hardware, software or user (“Malware”).

· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Platform.

If you use the Platform in violation of the foregoing, infringe our intellectual property rights or otherwise breach these Terms of Use, your right to access and use the Platform will cease immediately and you must, at our option, immediately return or destroy any copies of any contents from the Platform you have made or received. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the University . Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Reliance on Posted Information

The content and information presented on or through the Platform is made available solely for engagement with U of U Plus and we do not warrant the accuracy, completeness or usefulness of such content or 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 content or information by you or any other visitor to the Platform or anyone who may be informed thereof.

This Platform may include content posted or provided by third parties, including other Platform users and U of U Plus sponsors, vendors and licensors. All such content, including all statements and/or opinions expressed in such content and materials, other than that provided by us, are solely the opinions and responsibility of the party providing such content or materials and do not necessarily reflect the opinion of the University. We are not responsible, or liable to you or to any third party for any content or materials provided by any third parties.

Changes to the Platform

We may update the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the content or materials on the Platform may be inaccurate, incomplete or out of date at any given time, and we are under no obligation to correct, complete or update such content or material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking and Social Media Features

You may link to the homepage of our Platform, provided you do so in a way that is fair and legal and does not damage or exploit our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Platform may provide certain social media features that enable you to:

· Link from your own or certain third-party social media channels or websites to certain content on this Platform.

· Send e-mails or other communications with certain content or links to certain content on this Platform.

· Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party social media channels or websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions applicable to such features. Subject to the foregoing, you must not:

· Establish a link from any website or social media channel that is not owned or properly controlled by you.

· Cause the Platform or portions of it to be displayed, or appear to be displayed, on any other site (by, for example, framing, deep linking or in-line linking).

· Link to any part of the Platform other than the homepage.

· Otherwise take any action with respect to the content or materials on this Platform that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in preventing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable any social media features and any links at any time without notice in our sole discretion.

Links from the Platform

If the Platform contains links to other sites, channels and resources provided by third parties, these links are provided for your convenience only. This includes links contained in promotions and advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, channels or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party sites, channels or resources linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such sites, channels and resources.

Geographic Restrictions

U of U Plus is based in the State of Utah in the United States of America. We make no representation that the Platform or any of its content will be accessible or appropriate in any jurisdiction, including outside of the United States. Access to the Platform may not be legal by certain persons or in certain jurisdictions. If you access the Platform, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

We do not guarantee or warrant that content or files available for downloading through the Internet, including from this Platform, will be free of Malware. Users and visitors to the Platform are responsible for implementing anti-Malware protections appropriate to their own circumstances. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MALWARE, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL EFFECTS ON YOUR COMPUTER, TABLET, SMART PHONE OR OTHER SIMILAR DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OFFERED OR OBTAINED THROUGH THE PLATFORM OR ANY OTHER WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGE, IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH U of U Plus MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT THEREOF. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR ANY SERVER OR OTHER HARDWARE THAT MAKES IT AVAILABLE ARE FREE OF MALWARE OR THAT THE PLATFORM OR ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

IN NO EVENT WILL WE OR OUR AFFILIATES, SPONSORS, LICENSORS OR SERVICE PROVIDERS OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You further agree that any action brought against the University shall be subject to the terms, conditions, and limitations of the Utah Governmental Immunity Act, Utah Code § 63G-7-101 et seq. ("Act”). Nothing herein shall be construed to be a waiver by the University of any protections, rights, or defenses applicable to University under the Act, including without limitation, the provisions of Section 63G-7-604 regarding limitation of judgments. It is not the intent of the University to incur by contract any liability for the operations, acts, or omissions of the other party or any third party and nothing herein shall be so interpreted or construed.

Indemnification

You agree to defend, indemnify and hold harmless us and our affiliates, sponsors, licensors and service providers, and their respective employees, agents, officers, directors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to any User Supplied Content or U of U Plus’s use thereof, your violation of these Terms of Use or your use of the Platform, the Platform’s content, services, products or activities, including Challenges, or any information obtained from the Platform other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the United States District Court or the courts of the State of Utah in each case sitting in Salt Lake City and Salt Lake County, and you hereby submit to the personal jurisdiction of such courts and waive any and all objections to the exercise of such jurisdiction and to venue in such courts, provided that; we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or in any other relevant jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and the Official Rules for any Challenges constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

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 Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

Your continued use of the Platform 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 Comments and Concerns

The Platform is operated by the University of Utah, located at 201 Presidents' Cir, Salt Lake City, UT 84112, and its vendors.

All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@uofuplus.com

Thank you for visiting the Platform.