IMPORTANT – READ CAREFULLY: YOUR USE OF THIS SITE AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.

By clicking the "I agree" button or by registering, accessing or using any services developed, operated, maintained or hosted by Campus Buyback including all websites and IP addresses available at and configured for use at http://www.campusbuyback.com ("Service"), you agree to be bound to the following terms and conditions ("Agreement" or "Terms of Service" or "Terms"). The following Terms of Service apply to all versions of the Service, whether they be for Campus Buyback Affiliates ("CBAf"), Campus Buyback Associates (CBAs), UCentive Retail ("UR"), UCentive Partner ("UB") or other licensed versions of the Service.

Campus Buyback reserves the right to change, update and revise the Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service at http://www.campusbuyback.com/terms. Any such changes, updates, or revisions shall become effective 30 days from the date they are posted.

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

1. The Service is intended for Adult use only. All users must be 13 years or older to access and use the Service. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Campus Buyback will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

2. Campus Buyback is not responsible for maintaining the security of your username and password. It is your responsibility to notify Campus Buyback if you believe your username or password have been compromised or used in an unauthorized manner. Campus Buyback assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.

3. 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.

4. You agree not to share your username and password with other people. Each user account may only be used by one person.

5. You must provide a name, valid e-mail address and other information necessary to register with the Service. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. Campus Buyback reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.

6. 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 local law.

7. Campus Buyback may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Campus Buyback reserves the right to refuse service to anyone for any reason at any time.

8. Campus Buyback shall notify you by posting or e-mail of scheduled maintenance or upgrade work which may make the Service unavailable for periods greater than two (2) hours. Campus Buyback does not warrant that the Service will be available to you on a continual twenty-four (24) hour basis.

9. Campus Buyback shall not disclose to third parties personal information which you forward to Campus Buyback through the registration process. The information which you forward to Campus Buyback through the registration process shall be used by Campus Buyback for purposes of billing, advertising, notifying you of any changes in this Agreement or this site, or for any other purpose which Campus Buyback deems necessary to carry out its duties under this Agreement.

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 Campus Buyback 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. Campus Buyback, in its sole discretion, may remove content and block user access to any content that it determines 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 the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.

5. You agree not "crawl" or "spider" or release any automated software or service to obtain information stored, saved or contained on any web page as part of the Service.

6. You acknowledge, understand and agree that Campus Buyback 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 Campus Buyback 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 so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.

7. You acknowledge, understand and agree that Campus Buyback provides 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. Campus Buyback also makes 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 Campus Buyback site and you shall not hold Campus Buyback 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 by Campus Buyback’s upgrading, modification, or standard maintenance of the site.

9. You further agree that Campus Buyback 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 this Agreement or otherwise, even if Campus Buyback was advised of the possibility of such damages or was grossly negligent.

10. You agree to defend, indemnify, and hold harmless Campus Buyback, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.

11. You agree to receive administrative and legal notices about the Service electronically via e-mail.

12. You agree by your use of the website and the Service 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.

Subscription Terms

1. To use the Service you must also have entered into an Affiliate, Associate, UR, UP or other license agreement with Campus Buyback.

2. Services are paid for in advance and in accordance with the payment schedule in your applicable Affiliate, Associate, UR, UP or other license agreement.

3. All fees are exclusive of all taxes or duties imposed by taxing authorities.

4. All payments rendered are non-refundable.

The failure of Campus Buyback to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of Campus Buyback. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Campus Buyback shall be null and void. These Terms of Service shall be governed by the law of the State of Utah, USA, without regard to its conflicts of law provisions. These Terms of Service together with your applicable UTB, UR, UP or other license agreement, comprise the entire agreement between you and Campus Buyback with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).

Please direct further questions or concerns about these Terms of Service to support@campusbuyback.com

Last Updated: 9/18/2008 2:54 PM