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Welcome to College Marketplace Inc.'s online marketplace ("Web Site"). Any person who wants to access our Web Site to sell goods or services ("Items") or to use the other services provided (collectively, "Services") must accept the terms and conditions of this Participation Agreement without change.
In particular, you acknowledge that you have read and understood the clauses in this Participation Agreement relating to: (a) College Marketplace Inc.'s disclaimer of warranties and limitations of liability; (b) protection and use of your personal data; (c) your consent to the publication of feedback and ratings about your performance on our Web Site; (d) the manner in which College Marketplace Inc. may make changes to this Participation Agreement; and (e) other matters.
Please note that College Marketplace Inc. considers any person who attempts to sell products on its Web Site to be a "subscriber" or an "account holder" under 17 U.S.C. 512 (2007), a portion of a United States law known as the "Digital Millennium Copyright Act."
A. General Requirements
1.1 Eligibility and Registration Requirements
a. Use of the Services is limited to parties that can lawfully enter into and form contracts under the laws of Delaware State and the United States of America. College Marketplace Inc. does not permit individuals under the age of 18 years to use the Services.
b. Only sellers who register and enter into this Participation Agreement ("Participants") may participate in any of the Services that College Marketplace Inc. offers on our Web Site. In order to sell Items at the Web Site, you agree to use (and supply information appropriate for) College Marketplace Inc.'s payments services (described below).
c. To register as a seller on our Web Site, unless we agree otherwise in writing: (i) you must be a resident of, or a business established in, the United States; (ii) you must have an address in the United States of America, to which we will mail all notifications and payments; and (iii) the goods you are selling must be physically located in the United States at the time of sale, or the place of supply of any services you are selling must be in the United States. Please note that if you are selling goods in the ordinary course of your business, you may be required by law to make that fact clear in your listing to potential buyers.
d. To register as a seller on our Web Site, you must provide your real name, your actual address, your actual phone number, your actual e-mail address and your own valid credit or debit card or other payment information that College Marketplace Inc. will accept. You warrant to College Marketplace Inc. that the information you provide during the registration process (and any notification of change of such information) is true and correct. If such information should change, you promise that you will notify College Marketplace Inc. promptly of the particular changes.
e. College Marketplace Inc. reserves the right to reject any registration in its sole discretion.
f. If you provide false or incorrect registration information or do not notify College Marketplace Inc. of changes to your registration information immediately, College Marketplace Inc. reserves the right to terminate your account immediately and without notice to you.
g. You are responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and you are solely responsible for any use of or action taken under your password on this Web Site. If your password is compromised you must change your password.
h. Unless otherwise indicated, College Marketplace Inc. itself and its affiliates may sell or purchase good and services on its Web Site from time to time. When College Marketplace Inc. or its affiliates offers Services for sale or purchases Services from other sellers, neither College Marketplace Inc. nor its affiliates (as the case may be) are regarded as a "seller" for purposes of this Participation Agreement.
In addition, employees of College Marketplace Inc. are permitted to participate in their personal capacity (i.e., not as College Marketplace Inc. employees, representatives or agents) in the transactions conducted through this Web Site, subject to College Marketplace Inc.'s internal employee policies. College Marketplace Inc. employees, representatives or agents, when participating in any transaction in their personal capacity, are subject to this Participation Agreement.
1.2 International & Foreign Sales and Products/Services
In listing an Item for sale or transfer of products or performance of services sold internationally, or that may involve the sale of foreign or international editions of any Item, the seller may also have to comply with laws of both the United States and Delaware State as well as the law of the country in which the seller or buyer resides that concern, among other things, prohibitions on the sale, distribution or offering for sale of specific Items. Nothing in this section, or in any other section of this Participation Agreement, is intended to mitigate the provisions of section A(1.1)(c) of this Participation Agreement.
1.3 Prohibited Items
Any Participant may list an Item for sale or purchase on our Web Site. However, the following Items must not be listed on our Web Site by any seller or purchased by buyers:
a. Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age, and covers crime-scene photos or human organs and body parts unless these are part of a non-salacious or non-prurient content
b. Obscene material, which we define as work that appeals predominantly to a morbid, degrading and unhealthy interest in sexual behavior and that depicts or describes sexual conduct in a patently offensive way, as distinguished from a mere candid interest in sex, to include but not be limited in any way by kind or nature to bestiality, necrophilia, pedophilia, emission of bodily fluids, rape sex, incest, or sex with graphic violence or degradation), including pornographic material (e.g., material rated R +18, home porn and hardcore material), and this includes especially any material that involves or appears to involve the sexual exploitation and other abuse of minors, whether or not such material is illegal);
c. Illegal Items, which includes but is not limited to animals (including humans) or any other biological life, live or dead, or any parts or portions thereof, intoxicating liquor and tobacco, firearms and weapons (and ammunition), stolen goods, illegal or prescription drugs, poisons and dangerous substances (as defined by the applicable law or laws), stock and securities, lottery tickets (including grab bags and raffles), etc.;
d. Advertisements and Promotional materials, which includes books (advance reading copies and uncorrected proofs), music, and videos (screeners);
e. Infringing Items [e.g., Items that infringe another party's copyright, patent, trademark, trade name, service mark, design right, database right or other intellectual property or other proprietary right (e.g., pirated software, CDs, videos and DVDs, OEM software and so on), and this includes unauthorized replicas, pirated, counterfeit and knockoff Items];
f. Recopied media, which includes copies, dubs, duplicates or transfers of books, music, videos, television programs, radio programs, concerts, DVDs, software, etc.;
g. Prohibited Items, which means Items whose sale, distribution or offering for sale is prohibited by any applicable law;
h. Export Items, which means Items whose sale is subject to export restrictions;
i. Certain Software, including software that has been copied or duplicated in any format, academic (including solutions manuals), OEM, backup, promotional or beta (pre-release) software, used software (unless the seller sells the disk and original serial number/password and activation codes) or unauthorized freeware or shareware.
j. Certain Digital and Electronic Media, which includes:
i. Recopied music, the sale of which College Marketplace Inc. prohibits, including bootlegs, unauthorized live concerts recordings, unauthorized soundboard recordings and unauthorized merchandise related thereto.
k. Otherwise unauthorized and unlicensed merchandise.
1.4 Contract fulfillment
a. On the completion of a sale or purchase through our Web Site, College Marketplace Inc. will notify both the seller and the buyer of the completion and notify the seller of buyer's address. Sellers must ship items sold within three business days (as that term is defined in paragraph 5.3 of this Agreement) of the date of the order confirmation e-mail.
b. If any law requires that an agreement for the transfer of any Services sold through our Web Site must be in writing or in some specific form, then the buyer and seller agree to supply and sign (or otherwise authenticate) such writing or form (as the case may be) their agreement with respect to particular products or services bought and sold, no later than that date on which any such sale or purchase is completed.
c. Unless the buyer and seller expressly agree otherwise, the following terms and conditions apply to any buyer and any seller for the sale of the relevant Item:
i. the buyer will be required to make full payment to the seller by means of College Marketplace Inc.'s Payment Services (as defined in payment section B(5) of this Participation Agreement.
ii. Seller must ship any items sold within three business days of the date of College Marketplace Inc.'s order confirmation e-mail.
iii. Buyer must pay all postage and other delivery charges, and any customs and excise (including sales and use) duties and any other assessments and taxes associated with the sale (if applicable, and including any such taxes on the delivery charges). Collectively, we refer to all of these as "Taxes." However, Seller must determine, collect and remit the Taxes to the appropriate authorities.
Unless we agree otherwise in advance and in writing, the price of any Items sold through our Web Site must be displayed to include any Taxes. Once a sale is completed, a sellers may not charge or seek to charge the buyer for any such amount in addition to the price displayed for the Item on our Web Site, unless seller is authorized to do so by any law that overrides this Participation Agreement;
iv. Buyers are required to pay sellers in United States currency; no other currency is permitted;
v, College Marketplace Inc. makes no warranties, express or implied with respect to the sale of any Items, but the sale and the seller is otherwise subject to any warranties implied under applicable law; and
vi. The laws of the United States and of Delaware State govern the contract between the buyer and seller. The United Nations Convention on the Sale of Goods does not govern that contract. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Delaware State and of the United States for any district encompassed by or encompassing New Castle County, Delaware.
1.5 College Marketplace Inc.'s Role
College Marketplace Inc. is not an auctioneer, nor an intermediary between the buyer and the seller. College Marketplace Inc. provides a web-based platform for sellers and buyers to negotiate and complete transactions. College Marketplace Inc. is not involved in the actual transaction between sellers and buyers and is not the agent of the sale and has no authority for either, for any purpose.
Accordingly, the contract formed at the completion of a sale or purchase is solely between buyer and seller. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of the buyer and seller that are the parties to that transaction. College Marketplace Inc. is not obligated to mediate between parties or enforce or fulfill any contracts. College Marketplace Inc. wants its customers to have satisfying buying experiences. It has adopted policies and procedures designed to satisfy both buyers and sellers. College Marketplace Inc. may attempt to resolve buy/sell issues, even though it may not have the duty to do so, but it does not guarantee the integrity of any transaction between any buyer and any seller.
College Marketplace Inc., in its sole discretion, may terminate this Participation Agreement, access to our Web Site or the Services, or any sales or purchases or offers for same, immediately and without notice.
1.7 College Marketplace Inc.'s Reservation of Rights
College Marketplace Inc. retains the right, if it considers it appropriate, to: immediately halt any sale or purchase; prevent or restrict access to our Web Site or the Services; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorized Items, unlawful Items or Items prohibited for listing on our Web Site under this Participation Agreement. College Marketplace Inc. reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.
Without prejudice to generality of the rights in this clause, and to any other rights that College Marketplace Inc. may have in this Participation Agreement, College Marketplace Inc. reserves the right to refuse listings or to immediately remove any listings where College Marketplace Inc. objects to how you identify yourself on our Web Site (including, but not by way of limitation, your name, branding or marks) or if you make or indicate that you will make inappropriate use of any of your identifying information or the Web Site or the Services or otherwise in any manner in contravention of the requirements of this Participation Agreement.
1.8 Ratings and Feedback
a. Participants may leave feedback ("Feedback") about other Participants relating to the other Participants' performance in selling Items on our Web Site and using the Services. Further, buyers may rate a seller by using a "positive," "negative" and "neutral" rating system ("Rating"). You acknowledge and accept that your Feedback and Rating will be publicly available for viewing on our Web Site. College Marketplace Inc. is not responsible for checking or editing the Feedback or Ratings on our Web Site.
YOU CONSENT TO THE PUBLICATION OF, AND AUTHORIZE COLLEGE MARKETPLACE INC. TO PUBLISH, FEEDBACK AND RATINGS EVEN THOUGH SUCH FEEDBACK OR RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH COLLEGE MARKETPLACE INC. MAY BE AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH FEEDBACK OR RATINGS CAUSED OR CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU RELEASE COLLEGE MARKETPLACE INC. FROM AND WAIVE ALL RIGHTS AGAINST COLLEGE MARKETPLACE INC. IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY DEFAMATORY COMMENTS ABOUT YOU IN SUCH FEEDBACK AND RATINGS.
b. When submitting Feedback and Ratings, you must comply with the Feedback Guidelines. You agree to indemnify and hold harmless College Marketplace Inc. (and its their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Feedback or Ratings left by you on our Web Site.
c. Do not include links in seller comments.
1.9 Grants of License, Intellectual Property and Linking and Framing
i. Your Grant. By entering into this Participation Agreement and listing an Item, you grant College Marketplace Inc. and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, trademark, database rights and rights of publicity over the material displayed in your listings or bids or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date.
ii. College Marketplace Inc.'s Grant. College Marketplace Inc. grants you a limited non-transferrable license to each Participant to make personal use only of our Web Site and the Services in accordance with this Participation Agreement. This license expressly excludes, without limitation: any resale or commercial use of our Web Site and the Services; modifying, distributing, copying, republishing or making any derivative of our Web Site or the Services; the collection and use of Participant e-mail addresses or other Participant information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.
b. Intellectual Property Rights. Subject to the license granted to you in this Agreement, College Marketplace Inc. reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in our Web Site and the Services. Any goodwill accruing out of the use of College Marketplace Inc.'s and its affiliates' trademarks, trade and business names and service marks under this Participation Agreement will vest in College Marketplace Inc. and its affiliates, as the case may be.
c. Linking to our Web Site; Framing Prohibited. Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to our Web Site posted or maintained on any location by you or on your behalf, conveys users directly to our Web Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorize or encourage any third party to take any action, that would cause the appearance or presentation of our Web Site as seen by users linking to our Web Site to be different from that seen by users who access our Web Site by hand-entering the applicable URL into a generally commercially available browser which has not been customized for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar Items or techniques in connection with any link to or on our Web Site.
d. Linking from our Web Site. Sellers must not include any links (graphical, text or otherwise) for sale or purchase listings on our Web Site, save where such links convey users directly to another location on our Web Site, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by College Marketplace Inc., you will not, and you will cause your affiliates not to, directly or indirectly (e.g., through a Third Party (as defined below):
i. Sell, barter, disclose or transfer to any Third Party, which in this section 1.10 means any party other than you or your affiliates ("Third Party"), any data acquired by you as a result of any marketplace transaction (whether this is information that pertains to the identity of a seller, buyer or any other person, the order or referral information (here meaning any information disclosing that a buyer purchased a product through our Web Site or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
ii. Send to any buyer of the Services any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
iii. Send to any buyer of the Services any electronic communication except as necessary to complete any buyer's transaction or to respond to a customer service enquiry made by such buyer concerning such transaction;
iv. Include in any communication made or authorized by you with any buyer of the Services, including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and the like sent with it), order confirmation and/or other communication made in connection with the fulfillment of a transaction any offer from or reference to any Third Party.
e. Target (on any basis via any means) unsolicited communications of any kind to any user of the Services and/or any buyer.
1.10 Data Protection and Privacy
b. Unless otherwise authorized or consented, you agree not to use any information regarding other Participants that is accessible from our Web Site, except to enter into and complete transactions conducted via our Web Site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
1.11 No Warranties.
OUR WEB SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. COLLEGE MARKETPLACE INC. MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT OUR WEB SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR WEB SITE WILL BE AS REPRESENTED BY SELLERS, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED; (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COLLEGE MARKETPLACE INC.. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COLLEGE MARKETPLACE INC. DISCLAIMS ANY AND ALL SUCH WARRANTIES.
BECAUSE COLLEGE MARKETPLACE INC. IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE COLLEGE MARKETPLACE INC. (AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
1.12 Limitation of Liability
a. TO THE FULLEST EXTENT PERMITTED AT LAW, COLLEGE MARKETPLACE INC. WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, STATUTE OR OTHER RULE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, OUR WEB SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR RATINGS POSTED TO OUR WEB SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, WHETHER OR NOT COLLEGE MARKETPLACE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
b. Anything else contained in this Agreement to the contrary notwithstanding, neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or other authorized representatives.
1.13 Taxes on the sale of goods and/or services by Sellers; Seller's Duties.
You agree that it is the seller's responsibility to determine whether any Taxes are due with respect to the sale of any Item. You agree to collect, report and remit the correct tax to the correct governmental authority all such Taxes. You agree that, unless we agree otherwise in advance in writing, the price stated by any seller for any goods or services offered on our Web Site must include any Taxes. You also agree that College Marketplace Inc. is not obligated to determine whether any Taxes apply to any sale of any goods or services by a seller to a buyer on our Web Site and is not responsible for collecting, reporting or remitting same.
No seller may charge or seek to charge the buyer for any Taxes in any amount beyond the sales price (as displayed on our Web Site) for any Item in question.
1.14 Listing Constitutes Offer.
Users may purchase an Item for sale by clicking on the "Buy" button on the relevant Item's page, provided that the Item is still showing as having a quantity of stock remaining. The seller's listing of an Item for sale or purchase constitutes an offer to each Participant to purchase the Item at that price and the act of clicking on the "Buy" button by a Participant constitutes acceptance of that offer. Such acceptance will become effective on receipt by our Web Site of such act. A seller may retract an Item listed for sale or purchase at any time but is bound by any offers accepted prior to the retraction.
1.15 Delivery Charges.
For Items listed for sale through our Web Site, sellers may only charge buyers a fixed delivery charge, in an amount as posted from time to time at our Web Site.
1.16 Reporting Violations
To do so regarding alleged violations of someone's intellectual property rights, please follow the instructions in the:
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
section of our Use Conditions and Guidelines.
IT IS ESSENTIAL THAT EVERY SELLER READ AND UNDERSTAND THIS SECTION OF OUR USE CONDITIONS AND GUIDELINES, SINCE COLLEGE MARKETPLACE INC. REGARDS THEM AS PART OF THIS AGREEMENT
1.17 General Provisions
a. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. College Marketplace, Inc. may enter into business arrangements with other affiliated or unaffiliated companies to further the services it provides. To the extent the names of such other companies are disclosed by College Marketplace, Inc., you are solely responsible to learn about and comply with the policies and rules of such other companies, such as they may be, in addition our own. Also, the other company and you are solely responsible for resolving any issues that might arise out of arising out of the acts or omissions of such companies, and in that respect, College Marketplace, Inc. will have no liability therefor. By way of example only, and not by limitation, the companies with which College Marketplace may be affiliated include Newegg, Inc.
b. No Agency; Third-Party Beneficiary. College Marketplace Inc. is not any seller's or any buyer's agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended to be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement.
c. Severability. If any provision of this Agreement should be deemed unlawful, void or (for any reason) unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
d. No Waiver. College Marketplace Inc.'s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of College Marketplace Inc.'s right to enforce such provision or any other provisions of this Agreement.
e. Variations. This Participation Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. College Marketplace Inc. reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing our Web Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on our Web Site. All notice of changes to this Agreement will be posted on our Web Site for thirty days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.
YOUR CONTINUED USE OF THIS WEB SITE AND THE SERVICES FOLLOWING COLLEGE MARKETPLACE INC.'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE SERVICES OR THIS WEB SITE.
f. Notices. Notices can be sent to you at the e-mail address or any other address that you have provided to College Marketplace Inc.. You may send notices to College Marketplace Inc. as follows:
College Marketplace Inc.
268 Summer Street, 5th Floor
Boston, MA 02210
g. Governing Law. This Participation Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the United States and of Delaware State, and you irrevocably submit to the exclusive personal jurisdiction of the courts of Delaware State or the Courts of the United States of America for the district encompassing or encompassed by New Castle County, Delaware
h. Disputes. Any dispute relating in any way to your visit to College Marketplace Inc. or to products you purchase through College Marketplace Inc. must be submitted to confidential arbitration, in New Castle County, Delaware. However, if we should claim that you, in any manner, have violated or threatened to violate College Marketplace Inc.'s intellectual property rights, College Marketplace Inc., in addition to any other remedies it may have, may resort to arbitration as described in the preceding sentence or seek injunctive or other appropriate relief in any state or federal court. If we do resort to a court in such a case, you hereby agree that such court may exercise personal jurisdiction over you and that venue may be laid in such a court.
College Marketplace Inc. and you agree that such arbitration will be conducted under the rules then prevailing of the American Arbitration Association. We also agree that any arbitration award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
1.18 Digital Millennium Copyright Act. This federal law gives rights to online service providers such as College Marketplace Inc., its users and people who claim rights to intellectual property that may be sold via our online marketplace. Please read the:
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
section of our Use Conditions and Guidelines.
IT IS ESSENTIAL THAT EVERY SELLER READ AND UNDERSTAND THIS SECTION OF OUR USE CONDITIONS AND GUIDELINES, SINCE VCOLLEGE MARKETPLACE INC. REGARDS THEM AS PART OF THIS AGREEMENT
B. Seller Requirements
1. Seller's Obligations with respect to Listing Items
1.1 Sellers Warranties. By listing an Item for sale:
a. You represent and warrant to prospective buyers that: (a) you are the true owner of the Item or are properly authorized to sell the Item by the true owner and are able to transfer good title to the Item free from any third party claims, liens or encumbrances; and (b) the listing is accurate, current and complete and is not misleading or otherwise deceptive;
b. Unless we have agreed with you in advance and in writing to the contrary, you represent and warrant to College Marketplace Inc. that: (a) you are an individual that is resident or a business that is established in the United States; (b) the Items you are selling are physically located in the United States at the time of sale; (c) the place of supply of any services you are selling are in the United States. In any event, you represent and warrant to College Marketplace Inc. that: (x) the Item is not one that would fall within any of the prohibited Items described above; and (y) the Item is safe and, where required by applicable law, bears appropriate intellectual property designations. Nothing in this section, or in any other section of this Participation Agreement is intended to mitigate the provisions of section A(1.1)(c) of this Participation Agreement.
c. Sellers will determine the purchase price for each of their Items offered for sale on our Web Site.
1.2 Compliance with Applicable Law
Each seller further warrants that the sale or distribution of the Item is not in breach of applicable law (including, where Items are sold internationally, the law of the destination country). This responsibility includes, but is not limited to, ensuring that (a) any Items sold are safe, (b) any Items sold bear appropriate intellectual property designations where required or authorized by applicable law, (c) any Items sold are appropriately packaged and labeled as required by applicable law, (d) any Items sold otherwise comply with all applicable law regarding their sale. You will audit the products that you sell on a regular basis (at least monthly) to ensure ongoing compliance with this obligation. You will also advise us of any age or other restrictions (including any restrictions concerning the sale of Items whose sale or resale may be restricted within the United States in virtue of any law or the authorization by the holder of any intellectual property rights therewith) that apply to the sale of any products that you sell.
College Marketplace Inc. makes no representations that Items not appearing on the prohibited Items list in this Agreement may be sold or distributed or offered for sale under applicable law.
1.3 Listing Rules
In addition to any other listing rules that may apply to a seller, whether identified as a "listing rule" or not, each seller is required:
a. To be honest about the condition of Items listed for sale on our Web Site.
b. Not to divert transactions or buyers to any other source.
2. Seller's Fees
2.1 By listing an Item on our Web Site for sale, you agree to pay the following fees (using the amounts and payment terms set out in the Fee Schedule and Payment Terms, which is incorporated into this Agreement by reference) plus any delivery charges and Taxes therewith.
2.2 All fees listed in the Fee Schedule and Payment Terms are listed in U.S. dollars. College Marketplace Inc. only accepts payment in U.S. Dollars and it only issues payments to sellers for their Items in U.S. Dollars.
The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of listing the relevant Item for sale will govern the transaction. You should check the fees and terms each time you sell an Item.
All fees are payable upon demand except for subscription fees which are due periodically without demand as set out in the Fee Schedule and Payment Terms. By listing an Item for sale on our Web Site, you authorize College Marketplace Inc. to charge your credit/debit card or, where applicable, to withdraw any funds in your College Marketplace Inc. Payments account, for all and any amounts due in the manner and at the times set out in the Fee Schedule and Payment Terms.
2.3 Taxes. The sales price is or may be subject to Taxes, which seller must collect, report and remit as required by law. College Marketplace Inc. assumes no obligations or liability in this respect.
3. Prohibited Acts.
Each seller must:
3.1 sell all Items for his/her/its own account and must not sell or represent that he/she/it is selling on behalf of any third party;
3.2 not buy their own listed Items nor have others do so on his/her/its behalf; and
4. College Marketplace Inc.'s Right of Recovery.
College Marketplace Inc. retains the right to seek reimbursement from the seller if it, in its sole discretion, decides to reimburse the buyer under the terms of any College Marketplace Inc. customer guarantee, or if College Marketplace Inc. otherwise compensates the buyer, or if College Marketplace Inc. receives a charge back from the buyer's credit/debit card or other credit or payment processor issuer for the amount of the buyer's purchase from the seller.
5. College Marketplace Inc. Payment Services. In order to sell Items through our Web Site, you must register with College Marketplace Inc. to use the College Marketplace Inc. payment service ("Payment Service").
5.1 The Payment Service facilitates the purchase of Items listed on our Web Site for sale. College Marketplace Inc. credits a buyer's authorized credit card, debit card or other payment ("Payment Transaction") to the seller of the Items that the buyer purchased. These funds are transferred periodically to a seller, (at College Marketplace Inc.'s sole discretion) either by check issued to that seller or by electronic transfer to a seller's designated bank account (collectively, "Seller's Account"). A buyer may authorize a Payment Transaction with any major credit or debit card or other payment facility that College Marketplace Inc. accepts. The Payment Service helps facilitate purchases and sales, and College Marketplace Inc. is not the purchaser of the seller's goods or a guarantor of either the quality of the Items sold or the completion of the relevant transaction.
College Marketplace Inc. will post Payment Transactions to a Seller's Account within 10 days of the end of the payment period in which it confirms the sale of the Item with respect to which a Payment Transaction for a seller is due. College Marketplace Inc. utilizes two payment periods, one ending on the 15th day of each calendar month and the other at the end of each calendar month.
The seller must resolve any dispute directly with the buyer. College Marketplace Inc. may assist in any resolution effort, but it is not required to.
A seller must register online with College Marketplace Inc. to use the Payment Service. A seller must provide College Marketplace Inc. with true and accurate information when registering and must maintain and update that information as applicable. A seller must not impersonate any person or use a name he/she/it is not authorized to use. Each seller and buyer authorizes us to use any information provided to us in registering for the Payment Service to verify his/her its information (including any updated information), to obtain credit reports about the seller or buyer (as the case may be) from time to time while the seller is registered with the Payment Service (including credit reports about the seller's or buyer's spouse), and to obtain an initial credit authorization from the seller's or buyer's credit or debit card issuer or other payment facility.
5.2 The Payment Service is available only to individuals and others who meet the terms of eligibility for the College Marketplace Inc. online selling community and who have been issued a major credit/debit card that College Marketplace Inc. accepts. No matter how College Marketplace Inc. chooses to remit payments to a seller, it will only send payments to United States addresses or deposit payments to United States branches of financial institutions.
5.3 The Payment Service is generally available seven days per week, twenty-four hours per day, except for unscheduled systemic interruptions and scheduled downtime due to system maintenance. College Marketplace Inc. can initiate Payment Transactions into a Seller's Account only on a Business Day when automated clearinghouses are open for business.
For purposes of this Participation Agreement, a Business Day is any Monday through Friday but not including any day on which banks in New Castle County, Delaware generally are closed. College Marketplace Inc. will send a receipt to the seller via e-mail for each completed transaction.
5.4 College Marketplace Inc. will transfer payments to a Seller's Account generally within three Business Days of the date we initiate the transfer. We have the discretion to make payment either by electronic transfer or by paper check.
5.5 Sellers must provide a full refund directly to any buyer who remits payment, if the Item cannot be shipped at the close of the sale. Sellers must provide the refund promptly, but in no case later than three days following the close of the sale.
5.6 As a security measure, we may, but are not required to, impose transaction limits on some or all buyers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time ("Velocity Limits"). See section C(1.1) of this Participation Agreement. We will not be liable to any seller: (a) if we do not proceed with a transaction or disbursement that would exceed any Velocity Limit that we have established; or (b) if we permit a buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
5.7 If we reasonably conclude, based on information available to us, that seller's actions and/or performance in connection with the Items, the Services or this Web Site may result in a significant number of buyer disputes, chargebacks or other claims, we reserve the right to delay initiating the transfer of a Payment Transaction to a Seller's Account (including sending paper checks) for the shorter of either 90 days following the initial date of suspension or completion of an investigation regarding buyer disputes, chargebacks or other claims.
We reserve the right to delay initiating a Payment Transaction transfer to a Seller's Account (including sending paper checks) pending an investigation if we, in our sole discretion, believe the buyer or the seller may have breached this Participation Agreement. Notwithstanding any other provision of this Participation Agreement, if we determine, in our sole discretion, that the seller has breached this Participation Agreement, we may refuse to transfer any Payment Transactions to the seller and may instead maintain such amount in a trust account or may return such amount to the buyer. We will not be liable to a seller if we act in accordingly.
5.8 All notices will be sent by e-mail or to the mail address that any buyer or seller has supplied to College Marketplace Inc., in College Marketplace Inc.'s sole discretion. College Marketplace Inc. reserves the right to post notices on its Web Site. We will send notices to the seller at the e-mail address or other address that College Marketplace Inc. maintains for any given buyer or seller. Sellers and buyers must monitor his/her/its e-mail messages frequently to ensure awareness of any notices that we may send.
Sellers or buyers must send notices to us at our current e-mail address published on our Web Site, firstname.lastname@example.org. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed with The U.S. Postal Service, postage paid, First Class mail properly addressed or personally delivered by express courier such as DHL. First Class mail is properly addressed if sent by us to the address maintained in our records for the seller. First Class mail is properly addressed if sent by the seller to the current address published by us on our Web Site. First Class mail is deemed received three Business Days after it is deposited with via the U.S. Postal Service. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
5.9 We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our payment of the Payment Transaction to the seller from our bank account. We reserve the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse a buyer under the terms of any customer guarantees, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from the buyer's credit card issuer for the amount of the buyer's purchase from the seller. We may obtain such reimbursement by deducting from future payments owed to the seller, reversing any transfer to the seller's bank account, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means.
5.10 The seller may terminate its participation in the Payment Service at any time by giving notice to us, and we may terminate the seller's participation in the Payment Service at any at any time by giving notice to the seller. Upon termination, the seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.
C. Purchases and Sales
1. The College Marketplace Inc. Payment Service
College Marketplace Inc. sets limits on the amount and number of transactions completed through its Web Site during a set time ("Velocity Limits") for both buyers and sellers. For security reasons, College Marketplace Inc. does not disclose Velocity Limits. Velocity Limits are different from the credit limits set by your credit/debit card issuer and may differ from buyer to buyer and from seller to seller. When a buyer or seller reaches a Velocity Limit, College Marketplace Inc. will notify the buyer or seller affected. Thereafter, College Marketplace Inc. will require that additional transactions be settled directly between the buyer and seller and not through College Marketplace Inc..
2. Buyer's fees.
Although College Marketplace Inc. does not currently charge bidders or buyers any fees to use the Services and our Web Site, it reserves its right to do so in the future.
3. Prohibited acts.
College Marketplace Inc. does not permit sellers or buyers: (a) whether by themselves or in conjunction with other Participants, to manipulate transactions in ways that are unfair to other users (this includes, but is not limited to, placing "shill" sales or using any software for any such purposes; and (b) to use the Services or our Web Site in the contravention of any applicable law nor permit or assist others to do so.
4. Inspection of Items.
Buyers must inspect any Items purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the Item's listing and to ensure that the product is safe.
Last updated: October 29th, 2013
SCHEDULE OF FEE AND PAYMENT TERMS
College Marketplace Inc. charges fees per Item sold. The fee is 15% of the listed sale price.
In addition, College Marketplace Inc. will remit to each seller a portion of the shipping charge posted on the Web Site from time to time, as follows:
Book Purchase - Standard $2.69 per package of Items shipped
Book Rental - Standard $3.50 per package of Items shipped
Video Game Purchase - Standard $2.69 per package of Items shipped
Video Game Rental - Standard $2.69 per package of Items shipped
Music Purchase - Standard $2.24 per package of Items shipped
Music Rental - Standard $2.69 per package of Items shipped
Movie Purchase - Standard $2.24 per package of Items shipped
Movie Rental - Standard $2.69 per package of Items shipped
Software Purchase - Standard $2.69 per package of Items shipped
Software Rental - Standard $2.69 per package of Items shipped
Video Game Hardware Purchase - Standard $2.50 per package of Items shipped
Video Game Accessories Purchase - Standard $2.50 per package of Items shipped
Book Purchase - Expedited $5.69 per package of Items shipped
Book Rental - Expedited $6.50 per package of Items shipped
Video Game Purchase - Expedited $5.69 per package of Items shipped
Music Purchase - Expedited $4.44 per package of Items shipped
Movie Purchase - Expedited $4.44 per package of Items shipped
Software Purchase - Expedited $5.69 per package of Items shipped
Video Game Hardware Purchase - Expedited $2.50 per package of Items shipped
Video Game Accessories Purchase - Expedited $2.50 per package of Items shipped
Book Purchase - Second Day $10.69 per package of Items shipped
Book Rental - Second Day $11.50 per package of Items shipped
Video Game Purchase - Second Day $10.69 per package of Items shipped
Video Game Rental - Second Day $9.99 per package of Items shipped
Music Purchase - Second Day $7.24 per package of Items shipped
Music Rental - Second Day $9.99 per package of Items shipped
Movie Purchase - Second Day $7.24 per package of Items shipped
Movie Rental - Second Day $9.99 per package of Items shipped
Software Purchase - Second Day $10.69 per package of Items shipped
Software Rental - Second Day $9.99 per package of Items shipped
Video Game Hardware Purchase - Second Day $2.50 per package of Items shipped
Video Game Accessories Purchase - Second Day $2.50 per package of Items shipped
Book Purchase - Next Day $16.69 per package of Items shipped
Book Rental - Next Day $17.50 per package of Items shipped
Video Game Purchase - Next Day $16.69 per package of Items shipped
Video Game Rental - Next Day $15.99 per package of Items shipped
Music Purchase - Next Day $11.24 per package of Items shipped
Music Rental - Next Day $15.99 per package of Items shipped
Movie Purchase - Next Day $11.24 per package of Items shipped
Movie Rental - Next Day $15.99 per package of Items shipped
Software Purchase - Next Day $16.69 per package of Items shipped
Software Rental - Next Day $15.99 per package of Items shipped
For all non-media Electronic items:
Standard Shipping - $4.49 + $0.50/lb* per package of items shipped
Expedited Shipping - $6.49 + $0.99/lb* per package of items shipped
* Refers to the weight of the item, excluding the seller’s packaging
Last updated: October 29, 2013
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