 |
USER AGREEMENT. The following is the User Agreement (Agreement) for USACAMPUSRENTALS.COM. This Agreement describes the terms and conditions applicable to your use of our services available under the domains and sub-domains of USACAMPUSRENTALS.COM, including, but not limited to USACAMPUSRENTALS.COM, and USARESORTRENTALS.COM, and the general principles of the websites of our subsidiaries and affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a registered user/participant of USACAMPUSRENTALS.COM. By accepting this Agreement you also agree that your use of other USACAMPUSRENTALS.COM websites will be governed by the terms and conditions of this Agreement and any user agreement posted thereon.
We reserve the right to amend this Agreement at any time by posting the amended terms on our website. This Agreement may not be otherwise amended except in writing and signed by an authorized agent of USACAMPUSRENTALS.COM.
ELIGIBILITY. 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 or to temporarily or indefinitely suspended registered users. If you are a minor, you can use this service only with your parents or guardians. If you do not meet these requirements, please do not use our services. Further, your USACAMPUSRENTALS.COM account and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
FEES AND SERVICES. Our Fee Policy is available at USACAMPUSRENTALS.COM and is incorporated herein by reference. We reserve the right to change our Fee Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least ten (10) days' notice of the changes by posting the changes on our website. However, we may choose to temporarily change our Fee Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on or website. When you place an ad you have an opportunity to review and accept the fees that you will be charged for the use of our services. We reserve the right to change some or all of our services at any time at our discretion. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. ALL SALES ARE FINAL
CONDITION OF MERCHANDISE AND PROPERTY. USACAMPUSRENTALS.COM does not guarantee the condition of nor warranty any merchandise or property advertised in our website. Although on-line payment may be made available as an additional service through our website, we are not parties to the sales 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. We do not and cannot ensure that a buyer or seller will actually complete a transaction.
IDENTITY VERIFICATION. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, USACAMPUSRENTALS.COM cannot and does not confirm each user's purported identity.
RELEASE. In the event that you have a dispute with or claim against one or more users, you release USAFORSALE, Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees), 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.
INFORMATION CONTROL. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with under-age persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
ADVERTISING AND SELLING. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, photographs and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
FRAUD. Without limiting any other remedies, USACAMPUSRENTALS.COM may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or deceptive activity in connection with our site.
YOUR INFORMATION. "Your Information" is defined as any information you provide to us or other users in the registration, advertising process, or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
RESTRICTIONS. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
LICENSE. Solely to enable USACAMPUSRENTALS.COM to use the 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, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. USACAMPUSRENTALS.COM will only use Your Information in accordance with our Privacy Policy.
ACCESS AND INTERFERENCE. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the USACAMPUSRENTALS.COM site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to USACAMPUSRENTALS.COM by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of USACAMPUSRENTALS.COM or the appropriate third party.
BREACH. Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
PRIVACY. Neither USAFORSALE.NET, INC. nor any of its subsidiaries will sell or disclose your private information to anyone not authorized by you unless required by law. Private information consists of your credit card information. We store and process your information on computers located in the United States which are protected by physical and technological security devices. We rely on our service providers for security and are not responsible for lapses on the part of others. We may, at our discretion, sell or share non-private information regarding our customers and visitors.
NO WARRANTY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY 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 that vary from state to state.
LIABILITY LIMIT. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
INDEMNITY. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
LEGAL COMPLIANCE. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
NO AGENCY. You and USACAMPUSRENTALS.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
NOTICES. Except as explicitly stated otherwise, any notices shall be given by postal mail to USACAMPUSRENTALS.COM, Attn: Customer Support, Post Office Box 810, Mt. Pleasant, South Carolina 29465 (in the case of USACAMPUSRENTALS.COM) or to the email address you provide to USACAMPUSRENTALS.COM during the registration process (in your case). Notice shall be deemed given 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 certified mail, postage prepaid and return receipt requested, to the address provided to USACAMPUSRENTALS.COM during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
ARBITRATION. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by USACAMPUSRENTALS.COM to collect our fees and/or recover damages for, or obtain an injunction relating to, the USACAMPUSRENTALS.COM site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Charleston County, South Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or USACAMPUSRENTALS.COM may seek any interim or preliminary relief from a court of competent jurisdiction in Charleston County, South Carolina, necessary to protect the rights or property of you or USACAMPUSRENTALS.COM pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
GENERAL. This Agreement shall be governed in all respects by the laws of the State of South Carolina as such laws are applied to agreements entered into and to be performed entirely within South Carolina between South Carolina residents. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by USACAMPUSRENTALS.COM, in our sole discretion, to a third party in the event of a merger or acquisition. 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. Sections with headings Fees and Services, Release, License, Access and Interference, Liability Limit, Indemnity, and Arbitration shall survive any termination or expiration of this Agreement.
Disputes between you and USACAMPUSRENTALS.COM regarding our services may be reported to Customer Support by e-mailing us at CustomerService@USACAMPUSRENTALS.COM or in writing to Post Office Box 810, Mt. Pleasant, SC 29465. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
|