12. No Warranty.
1.1. Introduction. Welcome to eCampus.com (the "Site"), and the online buying and selling community provided by The Marketplace powered by eCampus.com ("The Marketplace" or "we"). This User Agreement (this "Agreement") lists the terms and conditions of the Agreement between you and The Marketplace for the buying and selling of items, and all other services offered on this Site (collectively, the "Services"). By signing this agreement, you accept the terms and conditions of this Agreement and willingly choose to become a member of this Site.
1.2. Modification. eCampus.com reserves the right to modify this agreement and said revisions will be effective immediately. All Marketplace participants will be notified and have 15 days to withdraw from its contractual obligations. After 15 days, if use of The Marketplace has not been discontinued, this continued use will constitute as acceptance of the revised Agreement.
1.3. Additional Policies. This Agreement includes by reference the following policies:
Who Are We and What We Do.
2.1. This Site matches members who want to buy items ("Buyers") with members who want to sell items ("Sellers").
How to Become a Member of this Site.
3.1. To become a member of The Marketplace, you must be at least 18 years old and a legal resident of the United States of America.
How to List an Item as a Seller.
4.1. If you would like to sell a item (or items) on this Site, you must first become a member before listing your item(s) for sale. When listing the item(s), the Seller assigns a price and describes the quality of each item in accordance with the Seller Pricing and Quality Rating Policy.
Finding a Matching Item and Purchasing an Item as a Buyer.
5.1. A Buyer who wants to buy an item from a Marketplace Seller searches for an item, selects the item if the price quoted by the Seller is acceptable, and purchases it through the eCampus.com Web site.
5.2. When purchase of a Marketplace item is made, the Buyers authorizes his/her credit card to be charged in the amount equal to the price quoted by the Seller, including shipping charges. The charge will remain on the Buyer's credit card when the sale is confirmed/completed. If cancelled, a full refund will be applied within 72 hours of the cancellation date.
Seller's Confirmation of the Offer.
6.1. Once the Buyer has purchased the Marketplace item from the eCampus.com Web site and the Buyer's credit card is charged the full amount, the Seller receives email notification that a sale has been made. The Seller may then confirm the sale by either replying to the email, via The Marketplace "My Account" or via FTP data file feeds. THE SELLER MUST CONFIRM THE ORDER WITHIN 5 BUSINESS DAYS. It is therefore imperative that the Seller monitor his or her listed email address regularly so as not to lose the opportunity to sell his or her item.
6.2. The Seller is required to ship the item(s) directly to the Buyer within one (1) business day of confirmation as stated in our Shipping Policy. Seller is encouraged to provide a tracking number to ecampus.com Marketplace as confirmation the shipment has been made. This tracking number is then forwarded to the buyer.
6.3. If the Seller refuses to sell or fails to confirm within 5 Business days, then the order is cancelled. The Buyer is released from any obligation to the Seller and a full refund will apply within 72 hours.
Completing the Sale Transaction.
7.1. AT NO TIME IS THE BUYER'S CREDIT CARD INFORMATION PROVIDED TO THE SELLER. The Seller is paid for the sale directly by eCampus.com according to the Seller Payment Policy.
7.2. After the Buyer receives the item(s) from Seller, should the Buyer be dissatisfied with any part of the purchase, the Buyer must proceed according to the rules for dispute resolution set forth in the Buyer Protection Policy.
7.3. After the sale has been completed, an email will be sent by eCampus.com in which we ask the Buyer to rate the Seller according to our Seller Rating Policy. We will make this information available to all visitors and members of the Site.
7.4. Both Buyers and Sellers have certain obligations. As a Seller, you agree to sell your listed items at the prices you set and to provide complete and accurate descriptions of the condition of the items listed for sale. As a Buyer, should a dispute arise between you and the Seller, you are obligated to abide by the system for dispute resolution as set up in the Buyers Protection Policy. Both Buyers and Sellers agree to work together to resolve disputes between themselves. eCampus.com does not act as the agent of either party in any dispute and does not have the responsibility for resolving disputes.
Your Relationship to eCampus.com.
8.1. Permission. You, as a Buyer, grant eCampus.com permission to charge your credit card for the purchase of items. You, as a Seller, grant eCampus.com permission to make a direct deposit to your checking account, send a check to you via US Postal Service, or, when such option is available, to credit your credit card for sales and/or charge your credit card for disputes resolved against you.
8.2. Grant of License. In order to promote and facilitate the purchase of items you list for sale on The Marketplace, anything you provide us with which to promote and sell your items for sale can be used royalty-free and/or modified as eCampus.com and associates see fit without any prior consent.
8.3. Release. Because The Marketplace has no control over the actual transaction between Buyer and Seller, including the quality, safety, or legality of items listed for sale by the Seller, the truth of the listing descriptions, the ability of the Buyer to buy an item or a Seller to sell an item, eCampus.com cannot insure any purchase made through The Marketplace. We are not a guarantor of any transaction nor are we an escrow company. In the event that you have a dispute with one or more members, you release eCampus.com and its associates from any and all damages incurred either directly or indirectly from participation in said dispute. 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."
8.4. Disputes. In the event that you have a dispute with one or more member, you agree to utilize the Buyer Protection Policy to resolve the dispute.
9.1. Pornographic Materials. You agree not to list, sell or buy any pornographic or obscene materials through the Site, whether directly or indirectly.
9.2. Illegal Activity. You agree not to use this Site for unlawful purposes, to abide by all relevant local, state and federal laws, and not to register under a false name or use invalid financial information.
9.3 Stolen Property. The sale of stolen property is absolutely forbidden on The Marketplace. ECampus.com will actively assist law enforcement officials in their efforts to recover stolen property that may be listed for sale on this Site.
9.4 Promotional or Extraneous Materials. The Buyer's name and address is provided for the sole purpose of shipping the item(s) purchased and may not be used for any other purpose. You agree not to separately contact any member beyond the shipment of purchases through The Marketplace, unless the Buyer initiates such communication pursuant to the Buyer Protection Policy.
What happens if we think you have broken our rules.
10.1. Investigations. In the event of complaints or violations, we may conduct an extensive investigation. You agree to cooperate fully and without reservations with such investigations.
10.2. Violations, Termination and Suspension. We may suspend or end your access to this Site, and removal of your listed items if you (a) violate this Agreement; (b) do not cooperate with an investigation of a reported violation; (c) we are unable to verify your personal of financial information; or (d) we believe you are involved in illegal activity. Payments due you may be suspended while an investigation takes place. We are not obligated to pay you for any sale if we have good reason to believe the items sold were in violation of this Agreement.
10.4. Making Adjustments. You authorize us to withhold payment for any moneys you owe use if one of the following situations is true: (a) a sale is canceled; (b) an adjustment is made according to our Buyer Protection Policy; (c) we have reason to believe you committed an illegal act during the buying or selling process; or (d) you owe us a specific amount for whatever reason.
Your Warranties to The Marketplace powered by eCampus.com.
11.1. For all items you list as a Seller, you guarantee that your descriptions and quality ratings accurately represent the condition of items offered for sale.
11.2. You guarantee that the information you provide us and other members is accurate, legal, contains nothing that can be interpreted as pornography, does not violate copyright law, and contains no viruses or other destructive electronic devices. Items must be listed by the ISBN printed on the product by the manufacturer. An item may not be listed if it is described in a "materially different" way from its ISBN product information, except as it applies to the quality of the item. An item is considered materially different if the ISBN is in any way different from the ISBN product information listed on eCampus.com. Some types of material differences include but are not limited to: international editions; softcover books listed under hardcover ISBNs/editions; pdf files; scanned textbooks; instructor/teacher editions; instructor solutions manuals; test banks; solutions manuals with no ISBN; older editions listed under newer ISBNs, book club editions; uncorrected proofs; advanced reading copies of books; and out of print books with no ISBN.
11.3. You agree to indemnify The Marketplace powered by eCampus.com and all its associates guiltless against all cost and expenses incurred by the Site and its associates that arise from any claim by third parties related to your actions or omissions.
The marketplace powered by eCampus.com provides its services on an "as is" basis and make not warranties of any kind.
The marketplace powered by eCampus.com claims absolutely no responsibility for any damanages which may result from the manufacture, purchase, sale, distribution or use of items.
The marketplace powered by eCampus.com's liability, and the liability of our suppliers, to you or any one else in any circumstance is limited to the greater of (a) $100, and (b) the total dollar amount of all fees you have paid to us in the 12 months prior to the action allegedly giving rise to liability.
You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold The Marketplace powered by eCampus.com and its associates guiltless against all liabilities that may arise out of any third party or governmental claim that concerns (a) any federal, state or county tax obligation (b) any dispute concerning the tax status of a Marketplace member as a reseller of books or other items.
eCampus.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice.
We own the Intellectual Property Rights to our Site.
13.1. You agree that anything with a trademark, patent or service mark is ours and ours alone and you will refrain from using the same in any way that could be considered illegal by the United States Patent and Trademark Office.
13.2. Copyright (c), a Book company llc. The Marketplace is the property of a Book company llc and is protected by U.S. and international copyright, trademark and other laws. The assemblage of all content on the Site is the exclusive property of a Book company llc and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
Additional Terms of this Agreement.
14.1. Notices. Except when stated otherwise, all notices to The Marketplace shall be sent to the email addresses provided on the Site (e.g., Marketplace@eCampus.com). Our street address is 2415 Palumbo Drive, Lexington, Kentucky 40509. Except when stated otherwise, all notices to you shall be sent to the email address you provide to us during the registration process.
14.2. Governing Law; Arbitration. The law of the Commonwealth of Kentucky, U.S.A, shall govern this Agreement. Together, we agree that one arbitrator in binding arbitration, to be held in Fayette County, Kentucky, U.S.A., under the then-current rules of the American Arbitration Association, shall settle any dispute between us concerning execution or breach of this Agreement. 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. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00 (USD).
14.3. Responsibility for Taxes. The Marketplace is a venue only and is not responsible for the collection or remittance of any state and/or local sales taxes. We reserve the right, however, to collect sales tax for purchases on behalf of the Commonwealth of Kentucky and to require tax identification numbers from Sellers. Otherwise, Buyers and Sellers are responsible for all tax related issues that may arise.
14.4. Miscellaneous. This Agreement contains all the contractual obligations between The Marketplace powered by eCampus.com and its members and supercedes any other prior agreements. No amendments are valid unless they are made in accordance with the terms of this Agreement. This Agreement cannot be transferred without the consent of The Marketplace.
A Seller's account balance is determined by the following calculation:
Selling Price of items sold - eCampus commission (15% of your listed price) + Shipping reimbursement
NOTE: eCampus.com promotes its entire inventory, including Marketplace items, on the Web sites of marketing partners. Should you wish to change the price of an item once it is listed, it may take up to 24 to 48 hours before the price change is reflected on eCampus.com and its partner Web sites. In the event that you change the price of an actively listed item and the item sells at the previously listed price (that is, before the pricing update has taken place), your seller balance for that item will be determined according to the previously listed price. In such an event, you can still cancel the order rather than sell the item for the previously listed price.
Quality of Your Books
Correctly assessing and representing the quality of an item is extremely important. Marketplace Buyers will be making purchase decisions based on quality ratings. After the sale, they will be rating their experience with each Seller based in part on the accuracy of the quality ratings.
You are responsible for accurately rating the condition of each item that you list with eCampus.com. To ensure a high Seller rating as well as Buyer satisfaction, you must rate the condition of listed items fairly and honestly, according to the item rating guidelines we provide. eCampus.com reserves the right to make its own evaluation of a item's quality as well as its own judgment regarding the accuracy of the Seller's rating of the item in the event that a Buyer makes a complaint. If eCampus.com determines that the Seller has misrepresented the item's quality according to the quality rating guidelines we provide, eCampus.com will refund the purchase to the Buyer, deduct the sale from the Seller's account, and return the item to the Seller at the Seller's expense. The following are guidelines to be used by Sellers to rate their items:
New: This item must be able to pass for a brand new item, whether it is or not. For books, the cover binding is clean and shiny, with no creases, scratches or warping of any kind. There is no fading either due to use, aging, or the elements. The interior pages of the book, without exception, are clear of markings, creases, and other damage. For DVDs, the DVD must be shrink wrapped in its original packaging. There may be no damage or scratches on the DVD and it must be fully functional.
Very Good:This item may be able to pass for new at first glance. For books, the cover binding is still clean and shiny; although there may be extremely minor wear on the cover. The pages are clean, whole, and clear of highlighting and underlining, but one or two pages might be slightly creased on the corner.
Good: Although it may be fairly obvious from a glance that this item has been used, it has nevertheless been well cared for. For Books, the cover and binding are clean and unmarked. There may be some minor wear on the cover in the form a scratch or a bend at a corner, but otherwise this book is undamaged. The pages are whole and largely not creased, with extremely minimal highlighting; at most one or two highlighted lines per 15 pages of text. There is no underlining or writing at all.
Average: This item has been well taken care of, but its previous owner has clearly used it frequently. For Books, the cover of this book may have scratches or minor bends at the corners, but it is in an overall decent condition. The pages are whole, minimally creased, and characterized by moderate highlighting; no more than five or ten highlighted lines per 5 pages of text. There is a minimal amount of underlining or writing.
Fair: This item is fully intact, and though it would not soon be mistaken for new. For Books, it is not missing any pages nor is its cover in any place detached. There may be scratches and minor surface damage such as pen marking, however this book must still be eminently readable. The pages are whole, though some may be slightly creased or torn, and may be characterized by heavy highlighting, with as much as ten to fifteen highlighted lines per 3 pages of text.
Unacceptable: This item has been so heavily used and/or badly treated that we cannot authorize its sale on our Site. For Books, the cover and binding are either badly stained, moldy, or otherwise unclean. Books with severely damaged covers and spines are also not acceptable, nor are those with missing pages, multiple torn pages, or stained or illegible pages. If you misrepresent an unacceptable item as something other than what it is we reserve the right to withhold payment for said item should it sell.
Get ready to ship - shipping your order properly helps to ensure that it arrives in the same condition as you represented it on our Web site. Print out The Marketplace shipping label that we provide you on your Marketplace Account and attach it to your package. When packaging, securely wrap the items with a protective material, such as bubble wrap, Styrofoam, crumpled newspaper or cardboard. Place the protected items in a sturdy box or bubble envelope (if appropriate) in order to prevent damage during shipping.
Ship the items - ship the order via any tracking-enabled medthod and be sure to make note of the tracking number for your package, as it is necessary to confirm shipment and receive payment.
Confirm Shipment - after shipping the order, log into your Marketplace account and enter the tracking number to confirm shipment and begin the payment process.
For additional details on shipping methods, please see below:
All orders must be shipped in appropriate packing materials designed to minimize the chance of damage during shipping. For a seller's protection in the event of disputes, we highly recommend that sellers insure shipments in order to protect yourself from loss. The use of insured shipping methods also helps protect all eCampus.com members from fraud. Sellers should direct buyers to return damaged items to them so that the seller may file an insurance claim with the shipping carrier. If eCampus.com must refund the Buyer in the case of a damaged or lost package (in accordance with the Buyer Protection Policy), the amount of the sale will be deducted from the seller's account balance. If the account balance is not sufficient to cover this deduction, a seller's checking account or credit card may be charged for the amount of the sale. eCampus.com will not reimburse sellers for loss resulting from damaged or missing packages. They must take up that matter with the shipper.
The Buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s).
Seller Payment Policy
Seller Payment Guidelines
When you sell on the eCampus.com Marketplace you will receive a shipping credit or reimbursement to help cover the costs of shipping. Sellers must use a Tracking-enabled shipping method to ship ALL orders. We believe this is best for both reliability and verification. The rates of shipping reimbursement are as follows:
Standard Shipping - $3.00 per book
Expedited Shipping - $5.00 per book
2 Day Shipping - $7.99 per book
1 Day Shipping - $16.99 per book
The Seller Account Balance
A Seller's account balance is determined by the following calculation: (Selling price of items sold MINUS eCampus.com commission (15% of your list price) PLUS shipping reimbursement)
NOTE: eCampus.com promotes its entire inventory, including Marketplace items, on the Web sites of marketing partners. Should you wish to change the price of an item once it is listed, it may take up to 24 hours before the price change is reflected on eCampus.com and its partner Web sites. In the event that you change the price of an actively listed item and the item sells at the previously listed price (that is, before the pricing update has taken place), your seller balance for that item will be determined according to the previously listed price. In such an event, you can still cancel the order rather than sell the item for the previously listed price.
As a Seller, payments are calculated twice monthly. On the 1st of the month for sales from the 1-15th of the previous month and on the 15th of the month for the 16th-30th/31st of the previous month. Checks are usually printed and sent within five business days of this calculation. Please refer to your Seller Account to reference current payment information. Payments will arrive in the form of a check to the mailing address you have listed as your primary address in your Marketplace Account information.
Seller Account Balance Adjustments
As outlined in our Membership Agreement, eCampus.com reserves the right to make adjustments to your Seller's account balance in the event of a member dispute or fraud. By agreeing to our Membership Agreement and its incorporated policies, you agree to allow eCampus.com to make these transactions.
Am I held responsible for all chargebacks filed for orders I have fulfilled?
Sellers are responsible for chargebacks filed for service related reasons, such as material difference in the merchandise and non-receipt. If a chargeback is received, eCampus.com will investigate the claim and provide the credit card issuer the shipping and tracking information that the seller has already provided to us for the particular Marketplace sale (tracking with a signature confirmation is highly recommended). The issuer's decision is final. If you are ruled against, there is no recourse to appeal that decision and all funds for the transaction will be debited from your next Marketplace sale or charged to the account linked to your seller account.
Buyers are given an opportunity to leave feedback for Sellers that they have had a purchasing experience with. This feedback is made in the form of a rating scale with associated comments. All future Buyers who visit the eCampus.com Web site can view these ratings and comments. The following scale applies:
5 Stars - Excellent
4 Stars - Very Good
3 Stars - Good
2 Stars - Fair
1 Stars - Poor
Buyers may not use the Seller rating system as a forum for personal assaults on individual Sellers. We are looking for critiques of the purchased item that reflect on the Seller's rating of the item's quality and other purchase-related themes. Providing accurate feedback regarding your own purchasing experiences is important to our process of rating our Sellers and so to your overall shopping experience at eCampus.com.
eCampus.com is not legally responsible for the remarks that users post on its site, even if those remarks are defamatory.
eCampus.com provides its seller ratings as a place where users can express their opinions, and eCampus.com will not censor these opinions, or investigate the remarks for accuracy. However, there are a few limited circumstances where eCampus.com will remove ratings:
- The Seller rating contains profane or vulgar language, or adult material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc. is strongly discouraged.
- Ratings that contains personal identifying information about a user, including real name, address, phone number, or e-mail address.
- Ratings that makes any reference to an eCampus.com or law enforcement organization investigation, i.e., "eCampus.com is investigating this person".
- If eCampus.com is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal, or with a settlement agreement resolving such a lawsuit submitted by both attorneys and signed by both parties, eCampus.com will remove the disputed feedback.
- eCampus.com will also accept a ruling from a certified dispute resolution service if a signed settlement agreement, overseen by the certified dispute resolution service, is submitted.
- Members are permitted to leave feedback for Sellers up to ninety (90) days after the confirmation date of the referenced order. Feedback left after ninety days will be subject to review and possible deletion by eCampus.com.