CampusThrift Terms & Conditions

(Last updated on April 17, 2023)                                                            

Preamble

These Terms of Use are entered into between Stancil Ventures, LLC a company registered in Texas whose registered office is at 14106 Rocksprings Ct. Dallas, TX 75254 (hereinafter 'CampusThrift' or 'we') and any individual who registers on the Service (hereinafter 'you' or 'your'). CampusThrift offers services which aim to facilitate commerce between university students in the United States through electronic communications networks, including, without limitation, the website ‘mycampusthrift.com’ and the downloadable CampusThrift applications (the 'Service').

1. Consent – Acceptance of Terms & Conditions

By creating a profile ('Profile') and using the Service, you acknowledge that you are fully informed of and agree to be bound by these (i) terms of use ('Terms & Conditions'), (ii) our Privacy Policy and Cookie Policy, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, which constitute an agreement between you and CampusThrift ('Agreement'). In case you do not agree to be bound by all of the terms of this Agreement, please do not use the Service.

2. Eligibility

The services offered by CampusThrift are for adults only. You must be at least 18 years old to create a Profile and use the Service. By creating a Profile and using the Service, you represent and warrant that:

·       You can form a binding contract with CampusThrift.

·       You are a current student at a university

·       You will comply with this Agreement and all applicable laws and regulations.

·       You will provide correct, accurate and true information that is not misleading, and that you will promptly update in case of any changes.

·       You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence.

3. Membership

You can gain access to the Service and become a member (hereinafter 'Member') of CampusThrift by creating a Profile on the Service for free.

You may sign in/up using your institution-provided email and password. More information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

CampusThrift has the right to decline any request for membership if you do not meet the conditions for registration. No Member may sign up more than once, not even by using a different name or email. The membership is personal to the Member and cannot be assigned or transferred to third parties.

You are responsible for maintaining the confidentiality of usernames, logins, passwords and/or other entry codes you use to sign up for CampusThrift (login credentials). Therefore, you are solely responsible for all activities that occur under those login credentials. This includes all actions or statements made by an intermediary using your account, whether they are fraudulent or not. You will indemnify CampusThrift for any claim arising in connection with these, other than in the event of fault exclusively attributable to CampusThrift or technical failure of the Services. If you have reason to believe that someone is using your login credentials, please immediately inform CampusThrift by sending an e-mail to support@mycampusthrift.com

4. Termination and Suspension

You may delete your CampusThrift account at any time, for any reason, by emailing support@mycampusthrift.com . CampusThrift may also terminate or suspend your membership at any time if it appears that you have violated the terms of the Agreement. Such termination or suspension can take place without prior notice. Following such termination or suspension, you cannot attempt to register as a Member or make use of the Service, unless we inform you that the suspension was lifted.

5. Obligations for Members

In order to use the Service, you agree to comply with the Agreement and with applicable laws and regulations, and to respect the rights of other Members. In particular, you agree to:

·       Use the Service while respecting its purpose, which is to allow university students to buy and sell (or exchange) items between themselves. You must not use this Service to sell any illicit goods or services, and doing so will result in the deletion of your account and notification of the proper authorities as warranted.

·       Respect the intellectual property rights of the content disseminated on the Service, as well as the content provided by other Members. Thus, you agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without CampusThrift prior written consent.

·       Ensure that you define the limits of your private life and that you do not communicate confidential, sensitive or financial information through the Service.

 

Furthermore, you agree that you will not:

·       insult other Members or post any statement or content that is defamatory, abusive, obscene, offensive, violent, political, racist, xenophobic, sexually explicit or pornographic. You will not post any statement or content that incites violence, contains nudity or is offending human dignity. In general, you will not post any statement or content contrary to the purpose of the Service or to applicable laws and regulations;

·       use the Service for solicitation or prostitution;

·       use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;

·       harm other visitors of the Service by installing computer viruses or other malware;

·       share any misleading, harassing, threatening, defamatory or tormenting content;

·       bully, stalk and harass other Members;

·       try to convince other Members of your political or religious views. Excessive use of national or religious symbols won't be tolerated;

·       impersonate any other person or use another Member’s account. You may only post content that relates to your true identity;

·       share any illegal content or content that may encourage conduct that would be considered a criminal offense. Photos with weapons are not allowed;

·       post content that infringes other people's intellectual property or portrait rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. This means you cannot copy other people's materials or photos without their explicit permission;

·       post, display or disseminate, in any form whatsoever, information or content incorporating hyperlinks to third-party websites on the Service that are illegal, immoral and/or not in conformity with the purpose of the Service;

·       disseminate someone else’s personal information on the Service without his or her permission.

In case of an illegal and/or unauthorized use of the Service, CampusThrift may permanently or temporarily prohibit all access to the Service or terminate your account. In case of a criminal offense committed by a Member, CampusThrift may take any available legal action, including – when necessary - transfer of that Member's personal data to the competent authorities. All of this can be done without prior notification to the Member concerned. More information on how we process your personal data can be found in our Privacy Policy.

YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPUSTHRIFT, OUR AFFILIATES, AND THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES. THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, INFORMATION AND/OR OTHER MATERIAL SHARED ON THE SERVICE BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE AGREEMENT.

6. Safety

6.1 Keeping the Service a safe and friendly environment is important both for you and for us. As a result, Members acknowledge and accept that content they provide, as well as their behavior or comments made through the Service, may be reported by other Members and may be subject to acts of moderation and/or control by CampusThrift on the basis of specific assessment criteria. If you see content or experience behavior on the Service that violates this Agreement, please report it to us in a timely manner by emailing support@mycampusthrift.com. If CampusThrift considers your complaint to be justified, such offending content will be removed as soon as possible.

6.2 You agree to take reasonable precautions when you interact with other Members, particularly if you decide to communicate off the Service or meet in person. If you post and/or disclose to other Members any confidential or sensitive information, such as personal information (surname, postal address, email, telephone number…) or financial information (e.g., credit card or bank account information), then you do so entirely at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT CAMPUSTHRIFT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS MEMBERS, AND IS NOT OBLIGED AND DOES NOT HAVE THE TECHNICAL MEANS TO VERIFY THE IDENTITY OF INDIVIDUALS REGISTERING ON THE SERVICE. CAMPUSTHRIFT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THEREFORE CAMPUSTHRIFT EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN MEMBERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF YOU MEET IN PERSON.

7. Purchases

From time to time, CampusThrift may offer products and services for purchase ('In-App Purchases') through iTunes, Google Play, carrier billing, CampusThrift direct billing or other payment platforms authorized by CampusThrift, If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Google Play or iTunes) (your 'Payment Method') will be charged for the In-App Purchase at the prices displayed to you for the service(s) you've selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize CampusThrift, or the third-party account, as applicable, to charge you.

8. Notifications and Service Messages

By creating a Profile, you consent to CampusThrift providing you with important notices about your account or services associated with the Service. These notices can be shared directly on the Service, via app notifications or with a banner notice across its pages, or through other means associated with your account, like e-mail or phone.

The contact information you provide must be accurate or you may not receive these notices. Please review your Settings to control what kind of messages you receive from CampusThrift. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information and notifications.

9. Disclaimers

9.1. CAMPUSTHRIFT PROVIDES THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAMPUSTHRIFT GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ALL CONTENT CONTAINED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAMPUSTHRIFT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

In particular and without limitation:

·       Even though CampusThrift makes all reasonable efforts to ensure that the Service is operational and free from errors, the nature of the Internet in general and software in particular do not allow providing a continuous and error-free operation. CampusThrift is not responsible for any lack of functionality, lack of access or poor conditions of use of the Service due to unsuitable equipment, to internal functionality failures of the Member’s equipment, to overload of the Internet network, to force majeure or to all other reasons external to CampusThrift.

·       The operation of the Service may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, CampusThrift will notify its Members before any maintenance operations or updates which may materially impact the Service.

9.2. CAMPUSTHRIFT TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. CAMPUSTHRIFT CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND CONTENT PROVIDED BY OTHER MEMBERS, AND/OR THE MEMBER HIMSELF, NOR THE CONSEQUENCES FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, CAMPUSTHRIFT CANNOT BE HELD LIABLE FOR ANY CONTENT DISSEMINATED BY A MEMBER THAT MAY POTENTIALLY INFRINGE THE RIGHTS OF ONE OR MORE OF THE OTHER MEMBERS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAMPUSTHRIFT, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF CAMPUSTHRIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAMPUSTHRIFT’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CAMPUSTHRIFT FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

11. Third-Party Services

CampusThrift is only liable for the Service and does not exercise any control over third-party websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Service may redirect. If you choose to interact with third parties made available through our Service, such parties' terms will govern your relationship with them. CampusThrift is not responsible or liable for such third parties’ terms or actions.

12. Intellectual Property Rights

12.1. Content Disseminated on the Service

This Agreement does not grant Members any rights, implied or otherwise, to the content disseminated on the Service. All trademarks, logos, graphics, software, photographs, animations, videos, text appearing on the Service are the exclusive intellectual property of CampusThrift and its licensors as may be applicable, and may not be reproduced, used, published, distributed, sold or displayed without the express prior written permission of CampusThrift or its licensors, subject to legal action.

The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the membership on the Service. Any other use by the Member is prohibited. The Member is prohibited from, among other actions, modifying, copying, creating a derivative work, disassembling or otherwise attempt to extract the source code composing the Service, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Service or computer codes of the elements composing the Service, in any way whatsoever, subject to legal action.

12.2 Content Disseminated by the Member

You warrant and represent that the information posted in your Profile is posted by you and that you are the sole author of your Profile.

When you post, upload, display or enter data that is meant to be viewable to the other Members, including but not limited to text, photos, images, drawings or graphics for a profile, videos, etc., you grant to CampusThrift a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, disseminate, display, reproduce, adapt, process, translate, modify the content provided by you, fully or in part, to operate, develop, provide, and improve the Service or develop new ones. In addition, any content may be used to post on social media including, but not limited to, Facebook, Instagram, and TikTok, for promotion of CampusThrift. These rights are granted for the duration of the Agreement between you and CampusThrift and are subject to your rights under applicable law.

13. Disputes – Governing Law

1.    The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small-claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in the small-claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

2.    By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and CampusThrift (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

3.    Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against CampusThrift (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

4.    This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

14. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

·       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

·       a description of the copyrighted work that you claim has been infringed

·       a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material)

·       your contact information, including address, telephone number and e-mail address

·       a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

·       a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to our support staff at support@mycampusthrift.com

CampusThrift will terminate the accounts of repeat infringers.

15. Agreement to Purchase and Sell Items

The bargaining system on the CampusThrift platform creates a legally binding contract (even if you do not manually accept an offer but it is accepted automatically). A seller and buyer are then obligated to fulfill the terms of purchase given no extenuating circumstances. The safety of our users is the highest priority, always. If a user is concerned about safety, they may always report the other user. If you are concerned about the safety of yourself or others, then please report the user and do not give out personal information or arrange a meetup.

 

16. Personal Data

Your personal data is processed in accordance with our Privacy Policy. We strongly recommend that you read our Privacy Policy to understand how we process your personal data, what your rights are and how to exercise them.

17. Changes to CampusThrift and to the Terms & Conditions

We may update the content and/or features of the Service at any moment in order to improve the quality of the Service. We may also modify the Terms & Conditions at any moment. The most recent version will be posted on the Service, and you should regularly check for the most recent version.

Modified versions will take effect thirty (30) days after being published on the Service, and your continued use of the Service after the changes become effective shall indicate your acceptance of the new version.

If changes to the Terms & Conditions negatively affect your rights and obligations or affect a service for which you performed a payment, you will be informed of the nature of these updates or modifications by reasonable means, through notification or e-mail, when they are implemented on the Service. In such case, you have the right to cancel this service and receive a pro rata refund, provided you notify us within the aforementioned period of thirty (30) days.

18. Translation

This Agreement is drafted in the English language. To the fullest extent permitted under applicable law, if this Agreement is translated into any language other than English, the English version shall control and prevail in case of any discrepancies or ambiguities due to translation.

Arbitration Procedures

1. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the 'Arbitration Procedures') are applicable to all arbitration proceedings involving you and CampusThrift. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules (the 'JAMS Rules'), as modified by these Arbitration Procedures. If there is any inconsistency between the JAMS Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the JAMS Rules.

2. Commencing an Arbitration. To commence an arbitration against CampusThrift, you must complete a short form, submit it to JAMS, and send a copy to CampusThrift at Stancil Ventures, 14106 Rocksprings Ct.  Dallas, TX 75254. To learn more about commencing an arbitration and to obtain a form to institute arbitration, please visit the JAMS website and download the form available at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.

3. Fees. You are responsible for paying your portion of the fees set forth in the JAMS’s fee schedule for consumer disputes. CampusThrift will pay all remaining fees. If your claim against CampusThrift is for less than $1,000, we will pay all fees. If you believe you cannot afford JAMS’s fee, you may apply to JAMS for a fee waiver.

4. Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution.