User Agreement - CollegeBooksUsed.com
This User Agreement serves to protect all who use the services of CollegeBooksUsed.com. We hope it helps to provide a safe place to buy and sell textbooks and other school-related items. We at CollegeBooksUsed.com are interested in building a community that is beneficial for all involved and that is based on trust.
The following terms are the terms on which CollegeBooksUsed.com offers you access to our Website and services. By registering with CollegeBooksUsed.com, you accept the terms and conditions listed below.
We may amend this User Agreement at any time with notice given (such notice may be given by email or by posting on the CollegeBooksUsed.com Website).
(1) Eligibility for Membership:
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be eighteen (18) years of age to use or services. Otherwise, you must be working in conjunction with a qualifying parent or legal guardian and be under their close supervision, using their account. If you do not qualify, please do not use our services.
Fees? Thats what seperates us from other auction sites. You will never have to pay a dime to use our service. Because for once as a college student, its about you!
(3) CollegeBooksUsed.com is Only a Venue:
The CollegeBooksUsed.com Website acts as the venue for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in or a party to the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items, the character of buyers or sellers, and other similar information. We are not in any way responsible for anything that happens as a result of using our services except for site functionality. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. All transactions are wholly between buyer and seller, and all disputes between buyer and seller must be handled by buyer and seller. In addition, note that there are risks of dealing with foreign nationals, underage persons, or people acting under false pretense. We have no control over such person, and we encourage you to evaluate each situation and find out as much as possible about each person with whom you are dealing.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release CollegeBooksUsed.com (and our affiliates, agents and employees) from claims, demands and damages (actual or consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, we cannot nor do we try to control the information provided by other users (including feedback) that is made available through our system. In particular, note that the pictures and graphics displayed in a seller's listing do not reside on our servers, and we do not and cannot control such pictures. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. As a user, we forbid the use obscene or lewd pictures or information or any other material that could reasonably be viewed as inappropriate. We reserve the right to remove such material from our site and/or to disable/deactivate your account. We expect that you will use caution and common sense when using our site. We will make every reasonable effort to remove offensive material and keep our Website a safe place to visit.
(4) Bidding and Buying:
If you bid on an item and your bid is accepted by the seller, you are legally obligated to complete the transaction (which is wholly between the buyer and the seller). Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, etc. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder. Such practices will not be acceptable and will be handled accordingly.
(5) Listing and Selling:
Listings are text descriptions, graphics and pictures on the CollegeBooksUsed.com Website supplied by the user. The listings may include links.
If you receive one or more bids at or above your stated minimum or reserve price, then you are obligated to complete the transaction. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at price levels below the current bid, nor may you use an alias to place bids to create the illusion of activity regarding your auction.
Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:
You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We reserve the right, however, to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it to be in our best interests.
Your Information and the sale of your item(s) on CollegeBooksUsed.com: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; (e) shall not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (f) shall not link directly to or include descriptions of goods or services that: (i) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (ii) are concurrently listed for auction on a web site other than CollegeBooksUsed.com; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.
Solely to enable CollegeBooksUsed.com to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. CollegeBooksUsed.com will only use Your Information in transaction emails.
(7)No Price Manipulation:
Sellers may not manipulate the price of their item in any way.
(8) System Integrity:
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the CollegeBooksUsed.com site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
We may terminate your membership and any of your current auctions immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
Our privacy policies are incorporated herein by reference.
(11) No Warranty:
WE AND OUR SUPPLIERS PROVIDE THE COLLEGEBOOKSUSED.COM WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
(12)Limit of Liability:
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
(13) General Compliance with Laws:
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
(14) No Agency:
You and CollegeBooksUsed.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given to the email address you provide to CollegeBooksUsed.com during the registration process. Notice shall be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by mail or certified mail, postage prepaid and return receipt requested, to the address provided to CollegeBooksUsed.com during the registration process. In such case, notice shall be deemed given there (3) days after the date of mailing.
This Agreement shall be governed in all respects by the laws of the state of Indiana as such laws are applied to agreements entered into and to be performed entirely within the state of Indiana. Both parties submit to jurisdiction in Indiana and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Indiana. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.