THE FOLLOWING ARE THE TERMS AND CONDIDTIONS ON WHICH ECAMPUS.COM, INC. OFFERS YOU OUR SERVICES.

1. Overview  Top

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:

Buyer Protection Policy, which is Appendix A of this Agreement.

Privacy Policy, which is available at http://www.ecampus.com/help/privacy_info.asp.

Shipping Policy, which is Appendix B of this Agreement.

Seller Payment Policy, which is Appendix C of this Agreement.

Seller Pricing and Quality Rating Policy, which is Appendix D of this Agreement.

Seller Rating Policy, which is Appendix E of this Agreement.

2.1. This Site matches members who want to buy items ("Buyers") with members who want to sell items ("Sellers").

3. How to Become a Member of this Site.  Top

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.

3.2. To deter fraud, all Buyers and Sellers are required to become registered members of this Site. To register, you must provide your legal name, address, phone number and active email address. Your personal registration information is kept private according to the eCampus.com Privacy Policy. By signing this Agreement, you authorize The Marketplace and its agents to make necessary inquiries to establish the validity of your user information. This may take the form of a credit check, or some form of address verification.

3.3. When you become a member of The Marketplace, eCampus.com provides you with a username and password that gives you access to privileges available only to registered users of The Marketplace. Again, all personal information is kept private in accordance with the eCampus.com Privacy Policy. However, outside eCampus.com, it is your responsibility to keep your username and password secure in order to protect yourself. You are solely responsible for any actions taken under your username and password.

4. How to List an Item as a Seller.  Top

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.

5. Finding a Matching Item and Purchasing an Item as a Buyer.  Top

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 authorization will remain on the Buyer's credit card until the sale is completed or the order is cancelled.

6. Seller's Confirmation of the Offer.  Top

6.1. Once the Buyer has purchased the Marketplace item from the eCampus.com Web site and the Buyer's credit card is authorized to be charged, 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 48 HOURS. 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 required to provide a tracking number to ecampus.co Marketplace as confirmation the shipment has been made.

6.3. If the Seller refuses to sell or fails to confirm within 48 hours, then the order is cancelled. The Buyer is released from any obligation to the Seller.

7. Completing the Sale Transaction.  Top

7.1. After confirmation is received that the Seller has shipped a item, the Buyer's credit card is charged for the sale price of the item, including shipping costs. AT NO TIME IS THE BUYER'S CREDIT CARD INFORMATION PROVIDED TO THE SELLER. The Seller is paid for the sale 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.

8. Your Relationship to eCampus.com.  Top

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. Prohibited Items.  Top

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.

10. What happens if we think you have broken our rules.  Top

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.

10.3. Disclosure of Information. Unlawful conduct may be reported to law enforcement officials in accordance with the eCampus.com Privacy Policy, and, as previously stated, we will cooperate fully in order to insure prosecution of offenders.

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.

11. Your Warranties to The Marketplace powered by eCampus.com.  Top

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.

12. NO WARRANTY.  Top

12.1. THE MARKETPLACE POWERED BY ECAMPUS.COM PROVIDES ITS SERVICES ON AN "AS IS" BASIS AND MAKE NOT WARRANTIES OF ANY KIND.

12.2. 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.

12.3. 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.

12.4. 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.

12.5. 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.

13. We own the Intellectual Property Rights to our Site.  Top

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.

14. Additional Terms of this Agreement.  Top

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.