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User Agreement and Terms and Conditions
This Agreement describes the terms and
conditions applicable to the use of The College
Café services.
This Agreement may be amended at any time by
posting the amended terms on the site. Except as
stated below, all amended terms shall
automatically be effective 30 days after
initially posted on
www.thecollegecafe.com.
The College Café acts as a venue to allow anyone
to offer, sell, and buy just about anything, at
anytime, from anywhere, in a variety of formats,
including a fixed price format and an
auction-style format commonly referred to as an
"online auction". The College Café is not
involved in the actual transaction between
buyers and sellers. The College Café has 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
College Cafe cannot ensure that a buyer or
seller will actually complete a transaction. ;
The College Café is not involved in the actual
transaction between buyers and sellers,
therefore, in the event that a you has a dispute
with another user or more users, you release The
College Cafe (and our officers, directors,
agents, subsidiaries 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. If you are a
California resident, you waive California Civil
Code §1542, which says: "A general release does
not extend to claims which the creditor does not
know or suspect to exist in his favor at the
time of executing the release, which if known by
him must have materially affected his settlement
with the debtor."
The College Cafe does not control the
information provided by other users which is
made available through
www.thecollegecafe.com. You may find
other user's information to be offensive,
harmful, inaccurate, or deceptive. There are
also risks of dealing with underage persons or
people acting under false pretense. There may be
risks dealing with international trade and
foreign nationals.
You are obligated to complete the transaction
with the seller if you purchase an item through
one of our fixed price formats or are the
highest bidder as described below. If you are
the highest bidder at the end of an auction
(meeting the applicable minimum bid or reserve
requirements) and your bid is accepted by the
seller, you are obligated to complete the
transaction with the seller unless the
transaction is prohibited by law or by this
Agreement. By bidding on an item you agree to be
bound by the conditions of sale included in the
item's description so long as those conditions
of sale are not in violation of this Agreement
or unlawful. Bids are not retractable except in
exceptional circumstances such as when the
seller materially changes the item's description
after you bid, a clear typographical error is
made, or you cannot authenticate the seller's
identity. If you choose to bid on mature
audience items or items that are restricted to
adult use, you are certifying that you have the
legal right to purchase such items.
You must be legally able to sell the item(s) you
list for sale on www.thecollegecafe.com. 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,
pictures and other content relevant to the sale
of that item. All listed items must be listed in
an appropriate category. All Dutch auction items
must be identical. At any one time you may not
promote identical items in more than ten (10)
listings (whether Dutch or Regular auction
style) on our site.
If
you receive at least one bid at or above your
stated minimum price (or in the case of reserve
auctions, at or above the reserve price), you
are obligated to complete the transaction with
the highest bidder upon the auction's
completion, unless there is an exceptional
circumstance, such as: (a) the buyer fails to
meet the terms of your listing (such as payment
method), or (b) you cannot authenticate the
buyer's identity.
Without limiting any other remedies, The College
Cafe may suspend or terminate your account if we
suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise)
have engaged in fraudulent activity in
connection with our site.
Neither you, bidders nor sellers may manipulate
the price of any item nor may you interfere with
other user's listings or auctions..
"Your Information" is defined as any information
you provide to us or other users in the
registration, bidding or listing process, in any
public message area (including the feedback
area) 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.
Your Information (or any items listed): (a)
shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale
of counterfeit or stolen items; (c) shall not
infringe any third party's copyright, patent,
trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d)
shall not violate any law, statute, ordinance or
regulation (including, but not limited to, those
governing export control, consumer protection,
unfair competition, antidiscrimination or false
advertising); (e) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully
harassing; (f) shall not be obscene or contain
child pornography or, if otherwise adult in
nature or harmful to minors, shall be posted
only in the Mature Audiences section and shall
be distributed only to people legally permitted
to receive such content; (g) shall not 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) shall not create
liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other
suppliers; and (i) shall not link directly or
indirectly to or include descriptions of goods
or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you
have up for auction but are priced lower than
your item's reserve or minimum bid amount; (cc)
are concurrently listed for sale on a web site
other than The College Cafe (this does not
prevent linking to or advertising an The College
Cafe item from another web site); or (dd) you do
not have a right to link to or include.
Furthermore, you may not list any item on our
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, or that violates our
current Prohibited, Questionable and Infringing
Items.
Solely to enable The College Cafe 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. The College
Cafe will only use Your Information in
accordance with our Privacy Policy.
You may not take any actions that may undermine
the integrity of the feedback system..
You acknowledge that your feedback consists of
comments left by other users and a composite
feedback number compiled by The College Cafe,
and that the composite number without the
comments does not convey your full user profile.
Because feedback ratings are not designed for
any purpose other than for facilitating trading
between The College Cafe users, you agree that
you shall not market or export you’re The
College Café feedback rating in any venue other
than an The College Cafe operated website.
Without limiting other remedies, The College
Cafe may immediately issue a warning,
temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide
our services to you: (a) if you breach this
Agreement or the documents it incorporates by
reference; (b) if we are unable to verify or
authenticate any information you provide to us;
or (c) if we believe that your actions may cause
legal liability for you, our users or us.
No Warranty.
THE COLLEGE CAFE AND OUR SUPPLIERS PROVIDE OUR
WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. THE COLLEGE CAFE 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 THE COLLEGE CAFE 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).
THE COLLEGE CAFE LIABILITY, AND THE LIABILITY OF
THE COLLEGE CAFE SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
TO LIABILITY, AND (B) $100. Some States do not
allow the exclusion or limitation of incidental
or consequential damages, so the above
limitation or exclusion may not apply to you.
You agree to indemnify and hold The College Cafe
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.
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..
Arbitration.
Any legal controversy or legal claim arising out
of or relating to this Agreement or our
services, excluding legal action taken by Name
of Company to collect our fees and/or recover
damages for, or obtain an injunction relating
to, the Name of Company 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 Atlanta, Georgia, and judgment on
the arbitration award may be entered into any
court having jurisdiction thereof. Either you or
Name of Company may seek any interim or
preliminary relief from a court of competent
jurisdiction in Atlanta, Georgia necessary to
protect the rights or property of you or Name of
Company pending the completion of arbitration.
Should either party file an action contrary to
this provision, the other party may recover
attorneys fees and costs up to $1000.00.
This Agreement shall be governed in all respects
by the laws of the State of Georgia as such laws
are applied to agreements entered into and to be
performed entirely within Georgia between
Georgia 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 The College
Cafe, 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. |
