| The FUKSO "Terms
of Use" below shall govern the use of this
web site and shall be agreed to by all who use
FUKSO in any way. The materials on this
Web site (the "Site") are provided
by FUKSO, inc. ("FUKSO.COM") as a
service to its users and may be used for informational
purposes only subject to the provisions below.
By downloading any materials from or otherwise
using this Site, you as a user ("you")
agree to these terms and conditions ("Agreement").
If you do not agree to them, do not use the
Site or download any materials from it.
You agree that this Agreement (and, if you
are a user who has registered on this Site ("Registered
User"), any provisions included in the
registration process or any current statement
of work or contractual agreement between you
and FUKSO) is the complete and exclusive statement
of the agreement between FUKSO and you.
FUKSO.COM MAY REVISE THIS AGREEMENT AT ANY
TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT
THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT
TERMS.
GENERAL: This Site serves a number of purposes.
It is designed to offer a tool for college students
to gain an upper hand in school and in the acquisition
of needed text books. As such FUKSO would like
to underscore the following points to assure
that all who use FUKSO conduct themselves professionally
and safely.
- BE PROFESSIONAL! FUKSO.COM
DOES NOT support or endorse any form of cheating,
lying, slander or blasphemy against any individual
or institution. persons who do so are subject
to having their user accounts and any access
to FUKSO permanently cancelled.
- BE SAFE! FUKSO encourages all users of
FUKSO to always use common sense and personal
safety practices when using FUKSO to communicate
with other students and meeting other FUKSO
users to trade and sell books. Always know
that any and all meetings that you schedule
with other FUKSO users is AT YOUR OWN RISK!
FUKSO does not screen users of FUKSO in any
way, makes no warrants as to the safety of
using FUKSO or to the millions of students
who will use FUKSO.
- MEET AT A STUDENT TRADE ZONE! We at FUKSO
want to underscore how important it is to
practice safe habits when meeting any individual
for the first time. NEVER meet a fellow student
in a private setting such as an apartment,
dorm room or parking lot. When arranging a
location to meet a fellow student to trade
or sell books, do so at or in a very public
location or establishment. FUKSO has arranged
agreements with local businesses on campus
to provide just such a place for this type
of meeting. Student Trade Zones are businesses
on your campus that welcome students who need
to meet other students to trade and sell books.
- TRADEMARK INFORMATION: All brand, product,
service, and process names appearing on this
Site are trademarks of their respective holders
and possibly FUKSO.COM. Fair use of the name
FUKSO.COM in advertising and promotion of
FUKSO.COM services requires proper acknowledgement
and reference to or use of our services.
- SINGLE COPY LICENSE: Except as otherwise
indicated on this Site, you may download limited
copies of any information posted for download,
or software ("Materials") found
on this Site for your personal, non-commercial
internal use only unless specifically licensed
to do otherwise by FUKSO.COM in writing or
as allowed by any license terms which accompany
or are provided with individual Materials.
This is a license, not a transfer of title,
and is subject to the following restrictions:
you may not: (a) use any automated process
or software robot to view, download, print
or otherwise use content from FUKSO.COMs’
Site.
(b) use any of the Site's Content for the
purpose of soliciting, for any product, solution,
or service, companies or individuals that
have listings or content included in the Site's
content, (c) modify the Materials or use them
for any commercial purpose, or any public
display, performance, sale or rental, including,
without limitation, posting the Materials
on any network computer or broadcasting them
in any media;
(d) de compile, reverse engineer, or disassemble
software Materials except and only to the
extent permitted by applicable law; (e) remove
any copyright or other proprietary notices
from the Materials; (f) transfer the Materials
to another person. You agree to prevent any
unauthorized copying of the Materials. FUKSO
reserves all rights not expressly granted
in this Agreement.
- OWNERSHIP OF MATERIALS: This Site and Materials
located herein are copyrighted and are protected
by worldwide copyright, trademark, trade dress
and other intellectual property laws and treaty
provisions and may not be copied, reproduced,
modified, published, uploaded, posted, transmitted,
or distributed in any way, without FUKSO.COMs’
prior written permission. Except as expressly
provided herein, FUKSO.COM and its Partners,
Vendors and Customers do not grant, by implication,
estoppel or otherwise, any express or implied
right to you under any patents, copyrights,
trademarks, or trade secret information. Other
rights may be granted to you by FUKSO.COM
in writing or incorporated elsewhere in the
Site.
- PASSWORDS: If you are a Registered User,
FUKSO.COM will allow you to create your own
passwords and user identification numbers
or names for access to certain areas of the
Site. You agree not to disclose such identifiers
or passwords issued to you to any third party.
- TERMINATION OF ACCESS: If you breach any
of the terms or conditions of this Agreement,
FUKSO.COM may, at its sole discretion, (a)
suspend your access to certain areas of the
Site or (b) terminate your access to certain
areas of the Site. Whether or not a breach
results in suspension or termination depends
on several factors, including but not limited
to the severity of the breach, the potential
harm to other users or to FUKSO.COM, and whether
or not the breach is repeated or cured. If
FUKSO.COM suspends or terminates your right
to access or use, FUKSO.COM shall, within
a reasonable amount of time, provide notice
to you of such action. Upon termination, you
will immediately destroy the Materials and
all licenses herein shall immediately terminate.
DISCLAIMER: THIS SITE AND ANY MATERIALS ARE
PROVIDED "AS IS" WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY OF ANY KIND. FUKSO.COM
AND/OR ITS RESPECTIVE PARTNERS, AFFILIATES,
AND ANY OTHER ENTITIES MENTIONED IN THE SITE,
HEREBY DISCLAIM WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT SHALL FUKSO.COM OR ITS
PARTNERS, AFFILIATES, OR ANY OTHER ENTITIES
MENTIONED IN THE SITE BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE MATERIALS OR THE
SITE, EVEN IF FUKSO.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL FUKSO.COM NOR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR
ANY LOSS OR INJURY ARISING OUT OF OR RELATING
TO THIS AGREEMENT REGARDLESS OF THE FORM OF
CLAIM OR ACTION, IN AN AMOUNT. Because some
jurisdictions prohibit the exclusion or limitation
of liability for consequential or incidental
damages, the above limitation may not apply
to you. Without limiting the foregoing, you
should be aware that the Materials may contain
errors, omissions, inaccuracies, or outdated
information.
FUKSO.COM makes no representations or warranties
as to the completeness, accuracy, adequacy,
currency, or reliability of any Materials
and shall not be liable for any lack of the
foregoing. FUKSO.COM makes no commitment to
update the Materials in this site.
RELEASE: FUKSO.COM is not a party to any actual
engagement between its partners or vendors
and you. As a result, FUKSO.COM has no control
over the quality, safety or legality of our
Partners and Vendors or their services. You
are wholly responsible for all activities
conducted with our partners regardless of
FUKSO.COMs’ level of involvement. FUKSO.COM
cannot and does not control whether or not
our Partners and Vendors complete their services
or other obligations. Further, it is not commercially
reasonable for FUKSO.COM to authenticate the
products or services offered or provided by
our Partners and Vendors.
FUKSO.COM encourages you to develop and employ
safe practices when using the Internet. FUKSO.COM
also encourages you to communicate directly
with our Partners and Vendors to help you
better evaluate with whom you are dealing.
You release FUKSO.COM (and its agents and
employees) from all claims, demands and damages
of every kind and nature (including, but not
limited to, actual, consequential, special,
punitive and incidental damages), known and
unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any
way connected with your relationship with
our Partners and Vendors or the services provided
by the Vendors or any actions or omissions
of a Partner or Vendor. In no case will FUKSO.COM
be liable for any legal actions brought against
you by any Partner or Vendor of FUKSO.COM.
USER SUBMISSIONS: Any material, information
or other communication you transmit or post
to this Site will be considered non-confidential
and non-proprietary ("Communications").
FUKSO.COM will have no obligations with respect
to the Communications, provided that any personally
identifiable information shall be handled
in the manner set forth below. FUKSO.COM and
its designees will be free to copy, disclose,
distribute, incorporate and otherwise use
the Communications and all data, images, sounds,
text, and other things embodied therein for
any and all commercial or non-commercial purposes,
provided that any personally identifiable
information shall be handled in the manner
set forth below. You are prohibited from posting
or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene,
pornographic, or other material that would
violate any law or any rights of a third party.
USE OF PERSONALLY IDENTIFIABLE
INFORMATION: Personally identifiable information
submitted by you to FUKSO.COM through forms
on the Site is treated according to FUKSO.COMs’
Privacy Policy located on this Site. You agree
you have read and understand the Privacy Policy.
LINKS TO OTHER SITES: Any links on this Web
site may let you leave the FUKSO.COM Site
and go to other Web sites. The linked sites
are not under the control of FUKSO.COM, and
FUKSO.COM is not responsible for the content,
the accuracy thereof or any other aspect of
any linked site or any link contained in a
linked site. FUKSO.COM reserves the right
to terminate any link or linking program at
any time. FUKSO.COM does not necessarily endorse
companies or products to which it links and
reserves the right to note as such on its
Site. If you decide to access any of the third
party sites linked to this Site, you do this
entirely at your own risk.
INDEMNIFICATION: You hereby agree, at your
own expense, to indemnify, defend and hold
FUKSO.COM harmless from and against any loss,
cost, damages, liability, or expense arising
out of or relating to any third-party claim,
action or allegation brought against FUKSO.COM
based upon or relating to (a) a dispute between
you and a Vendor over the terms and conditions
of a contract or related to the purchase and
sale of any goods/services, (b) a breach by
you of the terms and conditions of this Agreement,
or (c) any action of you or a Vendor which
violates any law, regulation or rights of
a third party.
MISCELLANEOUS: FUKSO.COM controls this Site
from its offices within the United States
of America. FUKSO.COM makes no representation
that Materials in the Site are appropriate
or available for use in other locations.THIS
AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF
FLORIDA WITHOUT REGARD TO ITS RULES GOVERNING
CONFLICTS OF LAW. THE PARTIES AGREE THAT THE
EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS
RELATING IN ANY MANNER TO THIS AGREEMENT SHALL
ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT
JURISDICTION LOCATED IN DUVAL COUNTY, FLORIDA,
U.S.A. If any provision of this Agreement
is for any reason held unenforceable or invalid,
then this Agreement shall be construed as
if such provision were not contained in this
Agreement.
No action arising out of this Agreement may
be brought by you more than two years after
the date the cause of action has accrued.
You may not assign this Agreement or any of
its rights or obligations without the prior
written consent of FUKSO.COM, and any such
attempted assignment will be void. Subject
to the foregoing, this Agreement shall inure
to the benefit of and be binding upon the
permitted successors, legal representatives
and assigns of the parties hereto.
Notwithstanding anything else set forth herein
to the contrary, the relationship between
you and FUKSO.COM is a customer relationship
only, and nothing herein shall be construed
to create a partnership, joint venture, franchise,
employment, or any other agency relationship
between the parties. If any provision hereof
is declared invalid by a court of competent
jurisdiction, such provision shall be ineffective
only to the extent of such invalidity, so
that the remainder of that provision and all
remaining provisions of this Agreement will
continue in full force and effect.
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