User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH CAMPUSTRADES.OSU.EDU OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement") for campustrades.osu.edu. This Agreement describes the terms and conditions applicable to your use of our services available under the domain campustrades.osu.edu (the "Site") and the general principles for the website. 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 User 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 member of campustrades.osu.edu.

We may amend this Agreement 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 they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users.

1. Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law and who are current students, staff, and/or faculty with an active login at The Ohio State University. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended campustrades.osu.edu members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your campustrades.osu.edu account may not be transferred or sold to another party.

2. Fees and Services.
Joining, listing and browsing for items at campustrades.osu.edu is free.

3. campustrades.osu.edu is a Venue.

3.1 The Site acts as a venue to allow anyone to offer, sell, and locate with intent to purchase housewares, books, furniture, electronics, or vehicles at anytime. We do not inspect items offered for sale. We are not involved in 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 pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.

3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. All users are required to provide an active username assigned by The Ohio State University. However, even though the account is tied to a known user, campustrades.osu.edu cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on the Site.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release campustrades.osu.edu (and all associated personnel) 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.

3.4 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 the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and campustrades.osu.edu is not responsible for the acts or omissions of users on the Site.

4. Negotiating and Buying.
All negotiations and final purchases are conducted outside of campustrades.osu.edu, and as such, campustrades.osu.edu is not liable for any failure to complete negotiated transactions.

5. Listing and Selling.

5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the 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 items in multiple item listings must be identical.

5.2 Fraud. Without limiting any other remedies, campustrades.osu.edu may suspend or terminate your account if we suspect that you (by conviction, settlement, or otherwise) have engaged in fraudulent activity in connection with the Site.

6. Your Information.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, browsing or listing 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.

6.2 Restricted Activities. 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, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child 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.

6.3 License. Solely to enable campustrades.osu.edu 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, sublicensable (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. campustrades.osu.edu will only use Your Information in accordance with our Privacy Policy.

7. Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of campustrades.osu.edu and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

8. Feedback.

8.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a sufficient amount of negative feedback, your membership may be suspended, and you may be unable to list items.

8.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by campustrades.osu.edu, 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 campustrades.osu.edu users, you agree that you shall not market or export your campustrades.osu.edu feedback rating in any venue other than the Site.

9. Breach.
Without limiting other remedies, we may, without notice or hearing, limit your activity, 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; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users or us.

10. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services. Because OSU is a public university subject to state law, some information that you provide may be required to be disclosed under the Ohio Public Records Law.

11. No Warranty.
WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. Liability Limit.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY COMPENSATORY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

13. Indemnity.
You agree to indemnify and hold us 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.

14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items.

15. No Agency.
You and campustrades.osu.edu are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

16. General.
This Agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the 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.