Terms of Use Policy

Terms of Use Agreement

IMPORTANT – READ CAREFULLY: YOUR USE OF THIS SITE AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS ALONG WITH THE POLICIES AND GUIDELINES LOCATED THROUGHOUT THE SITE.

By clicking the "I agree" button or by registering, or by making a book rental, purchase, sale of a book or other transaction via the Site, or accessing or using any services developed, operated, maintained or hosted by Swarthmore Campus & Community Store (the “Site” or “Website”) including all websites and IP addresses available at and configured for use at Store.swarthmore.edu (the "Service"), users of the Site (each a “User”) agree to be bound to the following terms and conditions ("Terms of Use" or "Terms").

Swarthmore Campus & Community Store reserves the right to change, update and revise the Terms of Use from time to time, at its sole discretion, by posting the most current version of the Terms of Use at Store.swarthmore.edu. In this Agreement, “you” and “your” refers to you as a User. The words “we”, “us” and “our” refer to the Swarthmore Campus & Community Store.

BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF USE.

  1. The Service is intended for Adult use only. Swarthmore Campus & Community Store does not intend the Service to be used by any individual under the age of 18 (a “Minor”) without the supervision of a parent or guardian 18 years of age or older (a “Guardian”). If you are a Minor, you may use the Site only under the permission and supervision of a Guardian. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Swarthmore Campus & Community Store will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
  2. Products and prices displayed on the Site are for informational purposes only and are not offers to form a contract. Each specific book rental shall be governed by a separate End User Agreement between you and us when a transaction is finalized. All financial transactions are processed in U.S. dollars. The price of an item for sale or rental may increase or decrease between the time it is displayed on the Site and the time when the item is placed in your shopping cart and the purchase is actually finalized. We make every effort to provide accurate information. On rare occasions, an item may be mispriced due to inaccurate information from our suppliers or due to a typographical error or other reason. We reserve the right to accept or decline, at our sole discretion, any order. We will notify you by email of any order that we cancel within 2 business days.
  3. You must provide a name, valid e-mail address and other information necessary to register with the Service. You must have a residence in the United States to set up a valid account. The Site does not service Users outside of the United States. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or provide a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. We reserve the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
  4. We are not responsible for maintaining the security of your username and password. It is your responsibility to notify us if you believe your username or password have been compromised or used in an unauthorized manner. We assume no responsibility, liability or obligations for any loss or damage resulting from your failure to comply with the security of your username and/or password.
  5. You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under your username and password.
  6. You agree not to share your username and password with other people. Each user account may only be used by one person.
  7. You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable federal, state or local law.
  8. We may modify, suspend or discontinue this Service at any time, for any reason, at our sole discretion. We reserve the right to refuse Service to anyone for any reason at any time.
  9. We do not warrant that the Service will be available to you on a continual twenty-four (24) hour basis, due to periodic maintenance or upgrade work or problems beyond our reasonable control.
  10. The Site and the Service may contain links to and from other Internet sites that are owned and operated by third parties. Swarthmore Campus & Community Store has not reviewed all sites linked to us and does not imply an endorsement of any kind. We are not responsible for the contents of any such linked site, and the use of any such linked site is solely at your own risk.
  11. We shall not disclose or sell to third parties personal information which you forward to us through the registration process or when using the Service. The information which you forward to us through the registration process or when using the Service shall be used by us for purposes of billing, advertising, notifying you of any changes in these Terms of Use or this Site, or for any other purpose which we deem necessary to carry out our duties under these Terms of Use or any End User Agreement. Our affiliates may use the information you provide to us. We may contract with third parties to provide the Service to you (such as payment processors or fulfillment companies) and we may provide information to those third parties in order to fulfill those duties. These third parties will not be allowed to use your information for any other purpose without your consent.

 

General Conditions of Use

  1. You agree not to upload, post, e-mail or transmit otherwise any other unlawful unsolicited e-mail including “spam” to Swarthmore Campus & Community Store or any users of the Service.
  2. You agree not to knowingly upload, post, e-mail or transmit otherwise any material that contains, software viruses, Trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the website or the Service.
  3. You agree not to upload, post, e-mail or transmit otherwise any material that is illegal, pornographic, abusive or obscene. We, in our sole discretion, may remove content and block user access to any content that we determine to be illegal, threatening, pornographic, abusive, obscene, or in violation of another party's intellectual property.
  4. You agree not to “reverse engineer,” change, modify, hack, make derivative works, exploit, or crack any portion of the website or the Service for any reason, and including without limitation, for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
  5. You agree not to “crawl” or “spider” or release any automated software or service to obtain information stored, saved or contained on any of our web pages which are part of the Service. No materials from this Site or the Service may be copied, reproduced, transmitted, modified, republished or distributed in any form or by any means without our prior written permission.
  6. You acknowledge, understand and agree that we cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but Swarthmore Campus & Community Store cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done at your own risk. Once we receive the data transmission, we make commercially reasonable efforts to ensure its security and privacy on our systems.
  7. You acknowledge, understand and agree that we provide the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security, completeness or non-infringement. We also make no warranty that the Service will meet the user's requirements.
  8. You recognize that the traffic of data through the Internet may cause delays during the download of information from the Swarthmore Campus & Community Store site and you shall not hold us liable for delays which are ordinary in the course of Internet use. You recognize that the site shall not be available on a continual twenty four (24) hour basis due to such delays and due to delays caused Swarthmore Campus & Community Store’s upgrading, modification, or standard maintenance of the Site.
  9. You further agree that we shall not be liable to you or any third party for any loss of profits, loss of use, interruption of business, or any direct or indirect, incidental or consequential damages of any kind whether under these Terms of Use or otherwise, even if we were advised of the possibility of such damages or were grossly negligent.
  10. You agree to defend, indemnify, and hold harmless Swarthmore Campus & Community Store and its officers, directors, employees, its subsidiaries, its affiliates and its agents from and against any claims, demands, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity claims, actions or demands, including without limitation, reasonable legal and accounting fees, made by any third party arising out of, connected with, or resulting from due to or resulting from your use of the Website or use of the Service in violation of this Terms of Use.
  11. You agree to receive administrative and legal notices about the Service electronically via e-mail, SMS messaging, or posting on the Website.
  12. You agree by your use of the Website and the Service is a limited license terminable at any time by us and that you have no right, title, security or any other interest in the website or the Service or any of its source code or any other intellectual property related to the Website or the Service.

 

Use of the Service

  1. To use the Service you must have a valid credit card (acceptable to us) in order to pay us for the Service. We accept credit cards from American Express, Discover, MasterCard, and Visa. For book rental transactions, the expiration date of your credit card must be at least 45 days past the Return Date for your rental book.
  2. Services are paid for in advance of shipment to you. We will make reasonable efforts to process your transaction promptly. You agree that we are not responsible for credit card processing times.
  3. We only accept online orders for delivery within the 48 contiguous states of the USA. All shipping charges that will be charged for a transaction will be clearly displayed during the checkout process. Orders to other destinations may be placed by phone so we can discuss shipping charges.
  4. All prices and fees are exclusive of any taxes or duties imposed by taxing authorities. When applicable, taxes (such as sales tax) will be clearly displayed during the checkout process. You are responsible for the payment of all applicable taxes.
  5. When you rent a book from Swarthmore Campus & Community Store, you hereby acknowledge and agree that the book remains the property of Swarthmore Campus & Community Store, and that we, as agent for our affiliate, may store your payment information for up to forty-five days beyond the Return Date of your End User Agreement. You also agree to any additional charges from us due to misuse of the Service, including, without limitation, charges for late fees, extension fees, fees for damaged rental books, fees to purchase your rented book, lost or stolen rental books, or books that are not returned to us.
  6. If you wish to obtain a refund of a book—purchased or rented—you must return the book to us in its unused condition by the Return Date specified on the invoice. Please log in to your account on the Site for a complete disclosure of our returns policy. Contact the Swarthmore Campus & Community Store if you have questions about the return policy.
  7. The Site offers Users the ability to search for required materials by course. Because these required materials are subject to change by the faculty member or institution, the Site may not always reflect the most current information. We are not responsible for any errors in the information provided through the course searches on the Site. Our failure to enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use apply to you and may not be transferred, assigned or delegated to anyone without our express prior written permission. Any attempt by you to assign, transfer or delegate these Terms of Use without our express prior written permission shall be void. This contract and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of Pennsylvania. Nonperformance of either party, except for the making of payments, shall be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. These Terms of Use supersede all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Use). In the event of a conflict between these Terms of Use and the provisions of an End User Agreement, the terms of the End User Agreement shall control.

 

Please direct further questions or concerns about these Terms of Use to [email protected].