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Planet Students User Agreement THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH PLANET STUDENTS OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for the PlanetStudents.com website, owned and operated by Planet Students (the "Company"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of <a target="_blank" href="http://www.PlanetStudents.com">www.planetstudents.com</a> (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions, please refer to our Help Section found at <a target="_blank" href="http://www.PlanetStudents.com/user/help/"> http://www.PlanetStudents.com/user/help/</a> or contact us by mail or email using the addresses at <a target="_blank" href="http://www.PlanetStudents.com/user/about/contact.aspx"> http://www.PlanetStudents.com/user/about/contact.aspx</a>. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of PlanetStudents.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a PlanetStudents.com user. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and a signing officer of the Company. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on January 1, 2006 for all users. 1. User Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended PlanetStudents.com users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your PlanetStudents.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. 2. Fees and Services. Joining PlanetStudents.com is free. All services are free for viewers. We charge a fee for listing in some of our services. Such fees will be clearly disclosed to you before your use of the service commences. We may change our fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the user�s currency for North American users. Failing our ability to determine user location, fees will be quoted in U.S. Dollars. If you use any of our fee-based services, you are responsible for paying all fees associated with using our service and the Site and all other applicable taxes. You agree to pay all costs within the stated terms and conditions under this agreement and under agreements entered into when processing transactions with the Company. If you fail to meet these terms and conditions, you agree to assume all reasonable cost of collections, including legal fees and monthly interest of 2% (24% per annum) on any unpaid amounts. 3. What our Site is... 3.1 the Site helps students to: save money, make money, connect to places to live, connect to people to live with, connect to people to learn from, and connect to other students across the continent--at anytime, from anywhere. We are not involved in the transfer of goods and services between buyers and sellers, only in the listing of goods and services for sale. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. 3.2 Identity Verification. User verification on the Internet is difficult, thus the Company cannot and does not confirm each user's purported identity beyond the validation performed by our ecommerce provider. Please contact us to advise if any user does not conduct themselves ethically and we will review the situation to determine if their use of the Site should be suspended. 3.3 Release. In the event that you have a dispute with one or more users, you release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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." The same waiver applies to any other federal, state, or provincial legislation in Canada or the United States that would adversely affect the release that you are agreeing to provide the Company et al. 3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and acknowledge that the Company and its representatives are not responsible for the acts or omissions of users on the Site. 4. Purchase Contract is Formed Between Buyer and Seller. As a buyer, you are obligated to complete the transaction with the seller if you make arrangements to purchase a good or service listed on the Site. By purchasing a good or service you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Purchases are not cancelable except in exceptional circumstances, such as: a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase. The Company is not party to any purchase contracts formed between Buyer and Seller and cannot enforce the terms of said contracts. 5. Listing and Selling. 5.1 Listing Description. You must be legally able to sell any goods or services you list for sale on the Site. You must describe your goods/services and all terms of sale on the listing page of the Site. Any pictures uploaded for an item must of the actual item, or for the item as-new with full disclosure of any deviation from as-new condition. All items in multiple item listings must be identical; use separate listings instead if items differ in condition or any other aspect. 5.2 Fraud. Without limiting any other remedies, the Company may suspend or terminate your account if we suspect that you (by other user report, conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. 5.3 Manipulation. You may not manipulate the price of any item nor may you interfere with other user's listings or transactions. 6. Your Information. 6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, purchase or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 6.2 Restricted Activities. Your Information (or any goods or services listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain any kind of pornography or, adult in nature or harmful to minors, (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement. Furthermore, you may not list any good or service on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation by virtue of our listing it on the Site. 6.3 License. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. This license is solely to enable the Company to use the information you supply us with on the Site in any activities required with development, maintenance, and operation of the Site. The Company will only use Your Information in accordance with our Privacy Policy. 7. Robots, Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iv) access the site for any reason other than its intended uses: i.e. helping students to: save money, make money, connect to places to live, connect to people to live with, connect to people to learn from, and connect to other students across the continent (thus activities such as email address harvesting or data mining of any type are prohibited); or (v) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 8. Disclaimer & Right to Modify. Listings generated by users or pages generated by the Site may include typographical or other errors. The Company is not liable for any special, indirect, or consequential damages or any damages whatsoever resulting from these errors. It is the responsibility of the user to verify the authenticity of information contained in other users� listings or on pages generated by the Site. The Company has the right to make any changes or updates to any information contained on the website without prior notice. The Site contains links to third party websites through banners, search results, URL links, and any other linking methods commonly used in websites. These linked websites are not under the control of the Company. The Company is not responsible for the contents of any linked websites or any link contained in a linked website. You hereby assume all responsibility for the accuracy and/or reliability of opinions, advice or statements made through your user account. You assume all responsibility for harassing, offensive or obscene material distributed through your user account. You further assume all responsibility for material distributed through your user account that is distributed in violation of any third party�s copyright or other intellectual property right. 9. Breach. Without limiting other remedies, we may limit your activity, immediately remove your good and service listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Site and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. 10. Privacy. Please see our Privacy Policy at: <a target="_blank" href="http://www.PlanetStudents.com/user/about/privacy.aspx"> http://www.PlanetStudents.com/user/about/privacy.aspx</a>. 11. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. The Company reserves all rights available to it in your jurisdiction and further reserves the right to restrict the jurisdiction wherein any claims are heard. If you do not agree to these restrictions on warranties and jurisdiction, DO NOT accept this agreement, DO NOT set up a user account on the Site, and DO NOT utilize the services offered by the Site. 12. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $10 USD. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 13. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including as-billed attorneys' fees, made by any third party due to or arising out of your use of the services, or your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 14. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of goods or services. 15. No Agency. You and the Company are independent of each other, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 16. Notices. Except as explicitly stated otherwise, any notices shall be given to the email address you provide to the Company during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. The Company may also or alternatively provide you notice of any change in the services or fees by posting such notice on the Site in such a location as the Company deems reasonable. 17. Resolution of Disputes. In the event a dispute arises between you and the Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Company agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. See our contact information at <a target="_blank" href="http://www.planetstudents.com/user/about/contact.aspx"> http://www.planetstudents.com/user/about/contact.aspx</a> to advise of any concerns you have with our Site. 17.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, you or the Company may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 17.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Edmonton, Alberta, Canada. You and the Company each hereby agree to submit to the jurisdiction of the courts located in Edmonton, Alberta, Canada. 17.3 Alternative Dispute Resolution. Alternatively, the Company will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held Edmonton, Alberta, Canada or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover as-billed attorneys' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. The Company strongly recommends that you pursue all avenues of issue resolution with us directly before involving any third party in a complaint. 18. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy: http://www.PlanetStudents.com/user/about/privacy.aspx. The policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 19. General. This Agreement shall be governed in all respects by the laws of the Province of Alberta as such laws are applied to agreements entered into and to be performed entirely within Alberta between Alberta residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the Company in accordance with Section 16 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Robots, Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement. 20. Disclosures. Fees for our services are described at <a target="_blank" href="http://www.planetstudents.com/user/about/pricing.aspx"> http://www.planetstudents.com/user/about/pricing.aspx</a>. You may report complaints to Alberta Government Services by calling them at 780-427-4088. The Company strongly recommends that you pursue all avenues of issue resolution with us directly before involving any third party in a complaint.