Helping Students Help Themselves...
Helping Students Help Themselves...
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ACCTRADER.COM OFFERS ACCESS TO OUR SERVICES.
Welcome to the User Agreement for ACCTrader.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain of www.ACCTrader.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This agreement may not be otherwise amended except in a writing signed by you and ACCTrader. This Agreement is effective for all users.
1. Service 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 ACCTrader.com members. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services:
Posting an ad on ACCTrader.com will cost two dollars per ad. There will be no charge from ACCTrader pertaining to the viewing or printing of advertisement. Our Fees and Credits Policy is available here and is incorporated by reference. We may change our Fees and Credits 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 fourteen (14) days' notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. 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.
ACCTrader is a Venue:
3.aACCTrader is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, our site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, with emphasis on a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, ACCTrader has no control and accept no responsibility 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 cannot ensure that a buyer or seller will actually complete a transaction.
3.b 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 and never absolute, ACCTrader cannot and does not confirm each user's purported identity. Thus, the primary responsibility will be left to the user on the evaluation with whom you are dealing.
3.c Release. Because we are a venue, in the event that you have a dispute with one or more users, you release ACCTrader (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.
3.d Information Control. We do not control the information provided by other users that is made available through our system. We have the authority to refuse postage of, alter, or remove at any time, any advertisement for whatever reason without the permission of the service user and if so chosen, without reimbursement of paid services. 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 underage persons or people acting under false pretense.
4. Listing and Selling.
4.a Listing Description. 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, pictures and other content relevant to the sale of that item. All listed items must be listed in the appropriate category.
4.b Fraud. Without limiting any other remedies, ACCTrader 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.
4.c Manipulation. Neither you, nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
4.d Information. Information contained within our database is accumulated by the users of this site and is not guaranteed to be accurate or updated at any time. Information for classes, professors, and required materials is also provided by our users and is not guaranteed to be accurate or updated at any time. Outdated information is a definite possibility. Ads will be run for 30 day then automatically withdrawn from our system unless renewed.
5. Your Information:
5.a Definition. "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 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.
5.b 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; and (i) 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 ACCTrader (this does not prevent linking to or advertising a ACCTrader 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 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.
6. 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 ACCTrader 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 by ten o'clock eastern standard time, and is proprietary or is licensed to ACCTrader by our users or third parties. You agree that (with the exception to posting our, "ads" page which contains all names, contact information of participating individuals, and advertisements placed on our site) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of ACCTrader or the appropriate third party.
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.
9. 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.
10. 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).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND 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 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.
12. 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, purchase, solicitation of offers to purchase, and sale of items.
13. No Agency.
You and ACCTrader are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by the email address you provide to ACCTrader. 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 if provided to ACCTrader. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by ACCTrader to collect our fees and/or recover damages for, or obtain an injunction relating to, the ACCTrader 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 North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ACCTrader may seek any interim or preliminary relief from a court of competent jurisdiction in North Carolina necessary to protect the rights or property of you or ACCTrader 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.
16. Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
This Agreement shall be governed in all respects by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North 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 ACCTrader, 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 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 5.3 (License), 6 (Access and Interference), 10 (Liability Limit), 11 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by ACCTrader.com Disputes between you and ACCTrader regarding our services may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
1. A Special Note About Minors.
Minors are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.
2. Information We Collect.
Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier.
In general, you can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.
Under some circumstances we may require some additional financial information, such as, but not limited to: if you are registering using an email account at a free email service, or registering to sell on our site. We use your financial information, including credit card information to verify your name, address, and other information, as well as to bill you for your use of our services.
We automatically track certain information based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.
If you choose to buy or sell on our site, we collect information about your buying and selling behavior. We also collect other users' comments about you in our feedback area.
If you establish a credit account with us to pay the fees we charge, we collect some additional information, including a billing address, a credit card number and a credit card expiration date and tracking information from checks or money orders.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the site, we may collect such information into a file specific to you.
If you register for ACCTrader on another web site or use a web site providing a service for ACCTrader or a web site that helps facilitate your activity on ACCTrader, that web site may provide personal information about you and your transactions back to ACCTrader.
Our Use of Your Information.
If you choose to list an item for sale on our site or open a credit account, or otherwise provide us with your credit card information, we use your address and billing information to bill you.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs.
4. Our Disclosure of Your Information.
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed.
Advertisers. We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to marketing advertisers ever.
ACCTrader Community. Throughout the site, you are identified by your User ID. If you select your email address as your User ID you will disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your public activities on the site. Although our pages are coded with robot exclusion headers, others may illegally attempt to automatically collect your email address from our site. We describe how to change your User ID below in Section 8. Even if your User ID is not your email address, your User ID can be used to identify you and your activities throughout the site. Other people can see your bids, items that you have purchased in the past, your feedback rating and associated comments, your postings on the site, and so on. We also provide a number of ways to allow other users to find out more about you and your site activities, such as our feature that allows users to quickly see all of the items you are offering at the time. If you are involved in a transaction, we have a feature that allows other users to view your email address and obtain your contact information.
Internal Service Providers. We may use internal service providers to facilitate our services (e.g., search, discussion boards, surveys) and therefore we may provide some of your personally identifiable information directly to them. In some instances, the internal service provider may collect information directly from you (such as the situation where we ask an internal service provider to conduct a survey for us). In these cases, you will be notified of the involvement of the internal service provider, and all information disclosures you make will be strictly optional. In all cases, these internal service providers' use of information we supply them is restricted by confidentiality agreements. If you provide additional information to an intern