PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH TRADEVERSITY, INC. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE TRADEVERSITY SERVICE), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE ("TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE TRADEVERSITY SERVICE. These Terms apply to your access to and use of the Tradeversity Service provided by Tradeversity, Inc. ("Tradeversity," "we" and :us"). Additional terms (including, but not limited to, the terms of social media services and third-party payment processors) may apply to particular functionalities and features related to the Tradeversity Service.
By using the Tradeversity Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are affiliated with the Sponsor Organization and have been notified by the Sponsor Organization of your eligibility to participate in Tradeversity Services.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Tradeversity Services. You may terminate your usage at any time, for any reason. Tradeversity may terminate your User ID at any time, for any or no reason, with or without prior notice or explanation, and without liability.
When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the User ID or password of another User at any time or to disclose your password to any third party. You agree to notify Tradeversity immediately if you suspect any unauthorized use of your User ID or password.
A. General. The Tradeversity Service provides a simple and efficient marketplace for buying, selling, and sharing of goods and services locally within the university community. The Tradeversity Service creates a place for buyers and sellers to connect, facilitates an avenue to communicate without necessitating disclosure of a user’s email address, phone number or other personal contact information, and incorporates a seamless method for making and negotiating offers to purchase goods posted for sale. To participate in the Tradeversity Service, a seller takes a photograph of a good he or she wishes to sell and then posts it to the Tradeversity Service with an asking price to allow a potential local buyer to view the good and make an offer. The Tradeversity Service includes a messaging feature that allows a buyer and a seller to discuss details of the good and set up an in-person meeting to finalize the purchase.
B. Payment Options.
1. Cash and Other Payments Determined by Users. A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. Tradeversity is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner.
2. Tradeversity Payment Solution ("Pay with Card"). A buyer and seller may instead pay with and accept credit cards and other electronic payment methods (each an "Electronic Payment Method") through the Payment Service. Tradeversity has integrated with Stripe (https://stripe.com/us/terms) , a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using Stripe's payment processing services ("Pay with card"). By agreeing to this terms of service, you are also agreeing to the terms of service of service located here https://stripe.com/us/terms. Buyers who wish to use the Payment Service must register an Electronic Payment Method with Tradeversity, and sellers must enroll for the service through Stripe. Enrollment in and usage of the Payment Service is voluntary, so buyers should note that some sellers may not accept Electronic Payment Methods, or may only accept Electronic Payment Methods for certain transactions. Tradeversity may from time to time impose limits on your ability to make and/or receive payments through the Payment Service. Additionally, Stripe may impose its own limits and limitations on a seller's use of the Payment Service.
a. Buyers. As with any purchases made using cash, all purchases made using the Payment Service ("Pay with card") are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to the terms they determine. When you initiate a payment through the Payment Service, the seller processes your Electronic Payment Method using Stripe’s payment processing service. Tradeversity is not a party to purchase and sale transactions completed using the Payment Service, and does not facilitate such transactions, refunds or returns in any manner, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller.
b. Sellers. By using the Payment Service ("Pay with card") to accept Electronic Payment Methods, you agree to the Stripe's Payment Services Agreement available at https://stripe.com/us/terms. Tradeversity and/or Stripe may also require you to provide information about yourself and/or your transactions if your transactions exceed certain reporting thresholds, such as thresholds regarding financial recordkeeping and tax reporting. By using the Payment Service to accept Electronic Payment Methods, you consent to Tradeversity’s collection of your location information each time a buyer makes a payment to you via the Payment Service for the purpose of preventing fraudulent transactions.
c. Seller Fees. You agree to pay the service fees ("Service Fees") for the sales transactions you make using the Payment Service. The Service Fees include Electronic Payment Method processing fees to Stripe and service fees to Tradeversity. Tradeversity reserves the right to change the Service Fees from time to time.
d. Additional Information. For additional information regarding the Payment Service, see our FAQs.
3. Transactions Final. Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND, AND/OR A POLICE REPORT IS FILED AND AN ACTIVE INVESTIGATION IS OPEN. Tradeversity does not facilitate refunds.
4. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Tradeversity Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Tradeversity is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Tradeversity Service.
The Tradeversity Services are for the personal use of Users. Users may not utilize Tradeversity for commercial endeavors. Illegal and/or unauthorized use of the Tradeversity Services, including collecting User email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Tradeversity website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from User profiles without notice or explanation and may result in termination of the User ID. Tradeversity reserves the right to take appropriate legal action for any illegal or unauthorized use of the Tradeversity Services.
6.1 Tradeversity does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on Tradeversity. After posting your Content to Tradeversity, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Tradeversity Services, you hereby grant to Tradeversity a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on the Tradeversity Services, set up specifically for the use of your organization or institution, including without limitation distributing part or all of the Tradeversity website in any media formats and through any media channels. After you remove your Content from Tradeversity we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
6.2The license you grant to Tradeversity is non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide.
6.3 You represent and warrant that: (i) you own the Content posted by you on Tradeversity or otherwise have the right to grant the license set forth in this Section 5, and (ii) the posting of your Content on Tradeversity does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on Tradeversity.
6.4 The Tradeversity Services contain Content of Tradeversity ("Tradeversity Content"). Tradeversity Content is protected by copyright, trademark, patent, trade secret and other laws, and Tradeversity owns and retains all rights in the Tradeversity Content and the Tradeversity Services. Tradeversity hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Tradeversity Content (excluding any software code) solely for your personal use in connection with viewing the Tradeversity website and using the Tradeversity Services.
6.5 The Tradeversity Services contain Content of Users and other Tradeversity licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on Tradeversity.
6.6Tradeversity performs technical functions necessary to offer the Tradeversity Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Tradeversity Services.
A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Tradeversity has adopted a policy of terminating, in appropriate circumstances and at Tradeversity’s discretion, users who are deemed to be repeat infringers. We also may, at Tradeversity’s discretion, limit access to the Tradeversity Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Copyright Complaints. If you believe that anything on the Tradeversity Service infringes upon any copyright that you own or control, you may file a notification with Tradeversity’s Designated Agent as set forth below:
Tradeversity Copyright Agent
Address of Designated Agent:
STE 421, 1225 Laurel Street
Columbia, SC 29201
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorney’s fees, incurred by Tradeversity or the alleged infringer as the result of Tradeversity’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8.1 Tradeversity may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Tradeversity violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Tradeversity and Sponsor Organization assume no responsibility for monitoring the Tradeversity Services for inappropriate Content or conduct. If at any time Tradeversity chooses, in its sole discretion, to monitor the Tradeversity Services, Tradeversity nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 8.2 You are solely responsible for the Content that you post on Tradeversity, and any material or information that you transmit to other Users and for your interactions with other Users.
8.2 You are solely responsible for the Content that you post on Tradeversity, and any material or information that you transmit to other Users and for your interactions with other Users.
The following are examples of the kind of Content that is illegal or prohibited to post on Tradeversity. Tradeversity reserves the right to investigate and take appropriate legal action against anyone who, in Tradeversity's sole discretion, violates this provision, including without limitation, removing the offending Content from Tradeversity and terminating the User ID of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Tradeversity: 9.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 9.2 harasses or advocates harassment of another person;9.3 exploits people in a sexual or violent manner; 9.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; 9.5 solicits personal information from anyone under 18; 9.6 publicly posts information that poses or creates a privacy or security risk to any person; 9.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 9.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or movies or links to pirated music or movie files; 9.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 9.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 9.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 9.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 9.13 involves commercial activities and/or sales such as contests, sweepstakes, advertising, or pyramid schemes; 9.14 includes a photograph or video of another person that you have posted without that person's consent; 9.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activity that is illegal or prohibited on the Tradeversity website and through your use of the Tradeversity Services. Tradeversity reserves the right to investigate and take appropriate legal action against anyone who, in Tradeversity’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 9.16 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 9.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Tradeversity Services. You may not transmit any chain letters or junk email to other Users. In order to protect our Users from such advertising or solicitation, Tradeversity reserves the right to restrict the number of messages which a User may send to other Users in any 24-hour period to a number which Tradeversity deems appropriate in its sole discretion; 9.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Tradeversity Services; 9.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 9.20 covering or obscuring the banner advertisements on your personal profile page, or any Tradeversity page via HTML/CSS or any other means; 9.21interfering with, disrupting, or creating an undue burden on the Tradeversity Services or the networks or services connected to the Tradeversity Services; 9.22 impersonating or attempting to impersonate another User, person or entity; 9.23 selling or otherwise transferring your User ID or password; 9.24 using any information obtained from the Tradeversity Services in order to harass, abuse, or harm another person or entity, or attempting to do the same
10. Acceptable Use When accessing or using the Tradeversity Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
If you violate any of the foregoing, your right to access and use the Tradeversity Service will terminate immediately and automatically, and you will have infringed Tradeversity’s intellectual property and other rights, which may subject you to prosecution and damages. Tradeversity reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Tradeversity Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Tradeversity is not responsible or liable for the conduct of, or your interactions with, any users of the Tradeversity Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Tradeversity Service will not contain any content that is prohibited by these Terms.
11. Protecting Copyrights and Other Intellectual Property Tradeversity respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Tradeversity has the right to terminate the User ID of infringers.
12. User Disputes You are solely responsible for your interactions with other Tradeversity Users. Tradeversity reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
14. Disclaimers Tradeversity and your Sponsor Organization are not responsible for and make no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on Tradeversity and such User Content does not necessarily reflect the opinions or policies of Tradeversity or your Sponsor Organization. Tradeversity and your Sponsor Organization are not responsible for the conduct, whether online or offline, of any User of the Tradeversity Services. Tradeversity and your Sponsor Organization assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Tradeversity and your Sponsor Organization are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tradeversity Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Tradeversity Services. Under no circumstances shall Tradeversity and your Sponsor Organization be responsible for any loss or damage, including personal injury or death, resulting from use of the Tradeversity Services, attendance at an Tradeversity event, from any User Content posted on Tradeversity, or from the conduct of any Users of the Tradeversity Services, whether online or offline. The Tradeversity Services are provided "AS-IS" and as available and Tradeversity and your Sponsor Organization expressly disclaim any warranty of fitness for a particular purpose or non-infringement. Tradeversity and your Sponsor Organization cannot guarantee and does not promise any specific results from use of the Tradeversity Services.
15. Limitation of Liability
IN NO EVENT SHALL Tradeversity OR SPONSOR ORGANIZATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE Tradeversity SERVICES, EVEN IF Tradeversity OR SPONSOR ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Tradeversity's AND SPONSOR ORGANIZATION’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Tradeversity OR SPONSOR ORGANIZATION FOR THE Tradeversity SERVICES DURING THE TERM OF USER ID.
16. U.S. Export Controls Software available in connection with the Tradeversity Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Tradeversity Services or otherwise exported or re-exported in violation of U.S. export laws. Using the Software is at your sole risk.
17. Disputes The Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and Tradeversity agree to submit to the exclusive jurisdiction of the courts located within the State of Texas to resolve any dispute arising out of the Agreement or the Tradeversity Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Indemnity You agree to indemnify and hold Tradeversity and Sponsor Organization, their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tradeversity Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on Tradeversity causes Tradeversity or Sponsor Organization to be liable to another.
19. Electronic Communications When you use the Tradeversity Service, send e-mails to us, or communicate with us via the Tradeversity app or website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the Tradeversity Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Assumption of Risk You acknowledge and agree that there are risks associated with utilizing an Internet-based marketplace for the sale of goods, including but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account. You acknowledge and agree that Tradeversity will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Tradeversity Service, however caused. Tradeversity takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of the Tradeversity Service, including, but not limited to, any losses, damages or claims arising from (a) server failure or data loss, (b) forgotten passwords, or (c) “phishing,” spam, viruses, third-party attacks or any other unauthorized third-party activities.
20. FeedbackAny comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Tradeversity Service or any other products or services of Tradeversity (collectively, "Feedback"), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
21. Other This Agreement is accepted upon your use of the Tradeversity website or any of the Tradeversity Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Tradeversity regarding the use of the Tradeversity Services. The failure of Tradeversity to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I (USER) HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.