Description of Services: Scholarlyy provides to its users a platform that permits them to sell textbooks (“Items”) in accordance with these Terms. Scholarlyy provides a way for sellers to sell their textbooks directly to Scholarlyy, where a campus runner is used to facilitate the pickup. Scholarlyy then pays the seller through Dwolla immediately following the exchange. Once payment has been made to the seller, Scholarlyy takes full ownership and possession of the textbooks that were sold. Under these Terms, Scholarlyy does not offer book returns.
Your Scholarlyy Account: Scholarlyy’s services are intended for, and may only be used by, persons who are at least 18 years or older and interested in selling college textbooks. In order to access and use the services on our website, you will be required to submit your textbooks through an online form, or through our automated texting platform. By doing so, you agree to let Scholarlyy use your contact information for it’s own purposes for future advertising and marketing internally. We will not share this information with outside sources under any circumstance. You are solely responsible for all activity undertaken under your Account and Submissions. Scholarlyy is not liable for any loss or damage arising from any unauthorized activity under your Account. You must keep your Account secure and not allow any other person to use your Account or sell textbooks on your behalf. You may not sell, assign or otherwise transfer your Scholarlyy Account to any other person or entity. You agree to immediately notify Scholarlyy of any unauthorized use of your Account.
By setting up your Scholarlyy account, you represent and warrant that you are at least 18 years old. As a part of using your Account, you will be required to have a valid email, phone number, and maintain a Dwolla account. You agree that any and all information provided in setting up your account is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You may not register with or use the Account of another person with the intent of impersonating that person or which would otherwise cause confusion of the users of our website. To sell Items on Scholarlyy, you must provide and maintain valid payment information through Dwolla. Users acknowledge that the terms and conditions of Dwolla will control their use of Dwolla for receiving payment. We reserve the right, in our sole discretion, to suspend or cancel any unconfirmed or inactive accounts and to refuse website access and use to anyone, for any reason, at any time. Scholarlyy may, in its sole discretion, change its account setup policies and procedures as well as eligibility criteria at any time.
Book Selling: The sale of Items through Scholarlyy occurs through our automated texting platform, or through our online form. All sales are paid out through Dwolla in the amount stated in a user’s text messaging stream.
The seller always has a choice to accept or deny the offer we make. The seller has the opportunity to turn the deal down all the way up until the books are given over to our campus runner. Once books are traded and the receipt is signed, all sales are final, and no book returns are allowed. The seller will be paid the amount specified in their texting stream.
Campus Runner Pickups: Scholarlyy is not involved in and takes no responsibility for dangerous events occurring before or after an exchange of the Item between campus runners and sellers. We take responsibility for our campus runner’s actions, but we will not be held liable for anything that may happen by a third party. We take the safety and security of our users very seriously. Meeting in person may be dangerous. We highly recommend that users agree to meet in well-lit, well-traveled, central locations on or near campus during normal business hours. Never agree to meet a campus runner outside business hours, and never agree to meet off-campus.
Pricing: Scholarlyy bases its pricing on an algorithm using the supply and demand of the textbook market. When books are selling for a greater value in the marketplace, Scholarlyy will offer more, but likewise, if books are selling for lesser value in the marketplace, we will offer less.
If you are unhappy about the price offered by our automated pricing system, you have the choice to not accept our offer.
Seller Obligations: By selling an Item on our website on through our automated texting platform, sellers must agree to give Scholarlyy the rights of ownership to their Items immediately upon the exchange of these textbooks and the payment being sent and received through Dwolla.
Taxes and Duties: The buyer shall be responsible for paying all sales and use taxes, valued-added taxes, export and import taxes, and duties and all transactional taxes or levies related to the buyer’s purchase of each Item (collectively, “Taxes”). Scholarlyy is not responsible for collecting or remitting any Taxes to the tax authorities and cannot, and will not, be held liable for any such Taxes. Seller shall be responsible for timely remitting all such Taxes and duties to the applicable taxing authority.
Return Policy for Sold Items: Once payment has been sent and received, we do not offer returns. All sales are final. Under no circumstance will sold Items be returned to sellers.
Privacy: We are committed to maintaining the privacy of your information. Except as otherwise required for your use of our website, Scholarlyy does not want you to, and you should not, send any confidential or proprietary information to us via the website or the email addresses referenced on the website. You agree that any information communicated to us through our website or materials that you provide to us (other than information required for listing, selling and purchasing Items) will not be considered confidential or proprietary.
Marketing: Any customer that does business with Scholarlyy agrees to allow Scholarlyy to use their phone number or email address for internal marketing and advertising purposes. Under no circumstance will your information be sold to a third-party. Occasionally, Scholarlyy will send marketing text messages and emails, in which the customer can opt-out at any time. But by doing any form of business with Scholarlyy, a customer is automatically added to the re-marketing list for future campaigns.
Trademarks and Patents: Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at our website, whether registered or unregistered, are the property of Scholarlyy or Scholarlyy’s affiliates and partners. Such marks are not to be copied, reproduced, published or in any way used without our written permission or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of our website including but not limited to text, artwork and photographs, is owned by Scholarlyy. Photographs for Items are for demonstrative purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection or affiliation with the third party designer or manufacturer. No part of our website may be published, stored or transmitted in any form or means without our express written permission. You may download a single copy of the content displayed on our website solely for your non-commercial, personal use, provided that it retains all copyright and other proprietary notices contained in the content. Scholarlyy utilizes patented technology (U.S. Patent No. 8,271,394).
Hyperlinking: No person may establish Hyperlinks away from our website without our prior written consent, which consent may be given or withheld in our sole discretion. Contact us at info@Scholarlyy.com to obtain this consent. All links to our website are subject to the following requirements: (i) the list must display our website in a full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked website; and (ii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Scholarlyy nor be such as to damage or dilute the goodwill associated with our name and trademarks.
Website Security: You are prohibited from violating or attempting to violate the security of the website and from using the website to violate the security of other third party sites by any method, including, without limitation:
- accessing data not intended for you or logging into a server or account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
- attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any Scholarlyy header or any part of the header information in any e-mail, instant message, text message or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Scholarlyy may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.
Website Restrictions: Without our prior written consent, which consent may be given or withheld in our sole discretion, you may not:
- resell, sublicense, rent, lease or otherwise publicly distribute any Scholarlyy information, services or database, or any part or parts thereof or information contained on our website, or any access thereto;
- use your access to our website or our information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations;
- use our website or our information, services, database or system which you access in violation of, or post any information to any Scholarlyy owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity;
- copy or transfer any Scholarlyy information, service, database or documentation, except as permitted by us;
- modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of Scholarlyy’s databases or system, or the selection, coordination or arrangement of products or services in any Scholarlyy database. You may not copy or adapt the HTML or other code that we use to generate the pages on our website;
- use Scholarlyy to direct users to other online platforms to purchase the same Items as listed on Scholarlyy, including posting any information sufficient to locate an Item elsewhere; or establish any hyperlinks away from our website except as provided for in these Terms.
User Disputes: If you have a dispute with another Scholarlyy user, you hereby release Scholarlyy (and our employees, officers, directors, shareholders, agents and representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. We encourage our users to resolve their own disputes. We do not mediate disputes, though may try to help users resolve disputes and will do so in our sole discretion. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on Scholarlyy’s policies. You may not use our website or any forum or bulletin board contained on our website to discuss disputes with Scholarlyy or any of our users.
Disclaimer of Warranty: USE OF SCHOLARLYY’S WEBSITE IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCHOLARLYY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SCHOLARLYY MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE QUALITY OF ANY ITEMS PURCHASED OR OBTAINED BY THE USER THROUGH THE SCHOLARLYY WEBSITE WILL MEET THE USER’S EXPECTATIONS, OR THAT ANY ERRORS ON THE WEBSITE OR IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SCHOLARLYY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
Limitation of Liability: IN NO EVENT WILL SCHOLARLYY OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REPLATFORMS, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY SCHOLARLYY INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, ITEM, PRODUCT, CONTENT, OR SERVICE PROVIDED BY SCHOLARLYY THROUGH OUR WEBSITE, ANY INFORMATION PROVIDED IN OUR SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF OUR WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SCHOLARLYY IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions: The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
If you are registering as a business or other legal entity (and not as an individual person), you personally guarantee that you have the authority to bind the entity to these Terms.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Scholarlyy in any respect whatsoever.
You agree to indemnify and hold Scholarlyy (and our employees, officers, directors, shareholders, agents and representatives) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Scholarlyy website or any breach of these Terms or Laws. You will not hold Scholarlyy responsible for other users’ content, actions or inactions, or situations arising out of in-person exchanges.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, notwithstanding its laws governing conflicts of laws. The Parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the state and federal courts situated in Kansas City, Missouri, or within Jackson County, Missouri. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
Except as otherwise provided in this paragraph, the Terms and all other terms and policies referenced herein or on the website are the only terms with respect to the subject matter hereof, and no terms and conditions stated in or attached to your communications are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms. Further, additional terms may apply to specific portions or features of the web site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the web site or for any service offered on or through the web site, the latter terms shall control with respect to your use of that portion of the web site or the specific service.
If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
Our website may contain other terms and conditions in addition to these Terms, including proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
If you have any questions regarding this website or its contents, or these Terms, contact us at info@Scholarlyy.com.
Last updated: April 25th, 2016