LUTE MARKETPLACE

Terms and Conditions of Use

Effective Date: April 3, 2025 | Last Updated: April 3, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM. BY ACCESSING OR USING LUTE MARKETPLACE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

Lute Marketplace (the "Platform") is an independent, student-created peer-to-peer marketplace designed exclusively for members of the Pacific Lutheran University ("PLU") community. The Platform is owned and operated by an individual student at PLU and is not affiliated with, endorsed by, sponsored by, or in any way officially connected to Pacific Lutheran University. The views, operations, and decisions of Lute Marketplace are solely those of its operator and do not reflect the policies, positions, or approval of PLU.

1. Acceptance of Terms

By registering for, accessing, or using the Platform in any manner, you represent that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and the operator of Lute Marketplace.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-platform notice at least seven (7) days prior to taking effect. Your continued use of the Platform following the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, you must cease using the Platform.

2. Eligibility and Account Registration

The Platform is exclusively available to:

Currently enrolled students of Pacific Lutheran University;
Current faculty members of Pacific Lutheran University; or
Current staff members of Pacific Lutheran University.

To access the Platform, you must authenticate using a valid, active PLU-issued email address (e.g., @plu.edu). You represent and warrant that all registration information you provide is accurate, current, and complete, and that you will promptly update such information to keep it accurate.

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at info@lutemarketplace.com if you become aware of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

Minors Policy: The Platform is not directed to individuals under the age of 13. If you are under 13 years of age, you may not use the Platform. Users between the ages of 13 and 17 may use the Platform only with verifiable parental or guardian consent. By using the Platform, you represent that you are either (a) at least 18 years of age, or (b) between 13 and 17 years of age and have obtained parental or guardian consent. We do not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act (COPPA). If we learn that we have inadvertently collected such information, we will delete it promptly.

3. Nature of the Platform and Purpose

Lute Marketplace provides an online venue enabling PLU community members to list, browse, and arrange the sale or exchange of personal goods and services directly with one another on a peer-to-peer basis. The Platform does not buy, sell, or take possession of any item listed, and does not act as an agent, broker, auctioneer, or intermediary for any transaction.

All transactions facilitated through the Platform are conducted exclusively off-platform. Users are solely responsible for independently negotiating, arranging payment, and completing any transaction. The Platform does not process, hold, transfer, or guarantee any payments. Any payment arrangements (including but not limited to cash, third-party applications such as Venmo, PayPal, or Zelle) are made solely between transacting users at their own risk.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING FROM OFF-PLATFORM TRANSACTIONS, PAYMENT DISPUTES, FAILURE TO DELIVER GOODS OR SERVICES, OR ANY CONDUCT BETWEEN USERS OCCURRING OUTSIDE THE PLATFORM.

4. Prohibited Listings and Conduct

4.1 Prohibited Items and Services

You may not list, offer, or solicit any item or service that:

Is illegal under applicable local, state, federal, or international law, including but not limited to controlled substances, illegal drugs, stolen property, counterfeit goods, or unlicensed firearms;
Is subject to age-restricted sale and the user cannot verify buyer eligibility (e.g., alcohol, tobacco, vaping products);
Poses a risk to health, safety, or welfare of any person;
Violates PLU's Student Code of Conduct, campus policies, or housing regulations;
Involves the unauthorized reproduction or distribution of copyrighted material;
Constitutes or facilitates any form of sexual exploitation, trafficking, or solicitation of sexual services;
Involves weapons, ammunition, explosives, or related accessories; or
Is otherwise deceptive, fraudulent, or misrepresented in any material way.

4.2 Prohibited User Conduct

You may not, and you agree that you will not:

Use the Platform for commercial resale, bulk-listing, or enterprise-level commercial operations;
Harass, threaten, intimidate, stalk, impersonate, or defame any other user;
Engage in any form of hate speech, discrimination, or targeted abuse based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics;
Introduce or transmit malware, viruses, spyware, or any code designed to damage, disrupt, or gain unauthorized access to the Platform or any user's device;
Scrape, harvest, or collect user data, listings, or any Platform content by automated or manual means without prior written authorization;
Circumvent, disable, or interfere with any security, access control, or authentication mechanism of the Platform;
Create multiple accounts or use another user's credentials without authorization; or
Facilitate, aid, or abet any violation of these Terms by another person.

5. User Content and Responsibility

You are solely and exclusively responsible for all content you submit, post, or transmit through the Platform, including listings, descriptions, photographs, communications, and any other materials ("User Content"). By submitting User Content, you represent and warrant that:

You own or have all necessary rights and licenses to post such content;
Your User Content is accurate, truthful, and not misleading;
Your User Content does not infringe upon the intellectual property, privacy, publicity, or other rights of any third party; and
Your User Content complies with these Terms and all applicable laws.

By posting User Content, you grant Lute Marketplace a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute such content solely for the purpose of operating and providing the Platform. This license terminates when your content is removed from the Platform.

We do not verify, endorse, or assume responsibility for the accuracy, legality, safety, or quality of any User Content or listed item. We are not a party to any transaction between users.

6. Intellectual Property and DMCA Takedown Policy

Lute Marketplace respects intellectual property rights and expects users to do the same. If you believe that content posted on the Platform infringes your copyright, you may submit a written notice of claimed infringement to our designated agent at:

Lute Marketplace – DMCA Agent Email: info@lutemarketplace.com

A valid DMCA notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and its location on the Platform; (4) your contact information; (5) a statement of good faith belief that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent.

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content. We may also terminate the accounts of repeat infringers in appropriate circumstances.

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3). If we receive a valid counter-notification, we may restore the removed content after a statutory waiting period unless the claimant files a court action.

7. Moderation and Enforcement

We reserve the right, but not the obligation, in our sole discretion and without prior notice or liability, to:

Monitor user activity and content for compliance with these Terms;
Remove, disable, or modify any listing, content, or user account that we determine, in our sole judgment, to violate these Terms or any applicable law or policy;
Suspend or permanently terminate user access, with or without cause or prior notice; and
Report suspected illegal activity to appropriate law enforcement authorities.

Our exercise or failure to exercise any moderation right does not create any obligation or duty to take similar action in the future, and does not waive our right to act differently in subsequent situations.

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUTE MARKETPLACE AND ITS OPERATOR EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
Any warranty that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful components;
Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content or listing on the Platform; and
Any warranty regarding the conduct, identity, or reliability of any user.

Your use of the Platform is at your sole and exclusive risk. Washington state law may provide certain implied warranties that cannot be disclaimed; to the extent such warranties exist, they are limited in duration to ninety (90) days from your first use of the Platform.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUTE MARKETPLACE, ITS OPERATOR, OR ANY AFFILIATED INDIVIDUALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

Your access to or use of (or inability to access or use) the Platform;
Any conduct or content of any third party on the Platform;
Any listing, transaction, or exchange arranged through or in connection with the Platform;
Unauthorized access to or alteration of your account or User Content; or
Any other matter relating to the Platform.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL EVENTS, OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Lute Marketplace and its individual operator from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your access to or use of the Platform;
Your User Content;
Your violation of these Terms;
Your violation of any applicable law or regulation; or
Your infringement of any rights of a third party.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

11. Cookies and Data Collection

By using the Platform, you consent to the collection and use of certain information as described in our Privacy Policy and this section.

11.1 Data We Collect

We may collect the following categories of information:

Account registration data (name, PLU email address);
Listing content and user-generated content you post;
Communications between users facilitated through the Platform;
Usage data, including pages visited, features accessed, and session duration; and
Device and browser information, including IP address, browser type, and operating system.

11.2 Cookies

The Platform may use cookies and similar tracking technologies to maintain session state, remember user preferences, and collect analytics data. You may configure your browser to refuse cookies; however, some features of the Platform may not function correctly if cookies are disabled.

11.3 How We Use Your Data

We use collected data to operate and improve the Platform, authenticate users, enforce these Terms, and communicate with you regarding your account. We do not sell, rent, or trade your personal information to third parties for their marketing purposes.

11.4 Data Retention and Deletion

We retain your account data for as long as your account remains active. You may request deletion of your account and associated data by contacting info@lutemarketplace.com. We will process such requests within a reasonable time, subject to any legal obligations to retain certain data.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at info@lutemarketplace.com and provide written notice describing the nature of your dispute and the relief sought. We will attempt to resolve the matter informally within thirty (30) days of receipt of your notice. This informal process is a prerequisite to any arbitration or litigation.

12.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (each, a "Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are incorporated by reference. The arbitration shall be conducted in Pierce County, Washington, or via videoconference if both parties agree.

YOU AND LUTE MARKETPLACE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All Disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

12.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent imminent harm, and disputes regarding intellectual property infringement need not be arbitrated.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. To the extent any claim is not subject to arbitration, you submit to the exclusive personal jurisdiction of the state and federal courts located in Pierce County, Washington.

13. Term and Termination

These Terms are effective upon your first use of the Platform and remain in effect until terminated. We may, in our sole discretion and without prior notice or liability, suspend or permanently terminate your access to the Platform for any reason, including for violation of these Terms.

Upon termination, your right to use the Platform ceases immediately. Sections 5, 6, 8, 9, 10, 12, and any other provisions that by their nature should survive termination, shall survive any termination of these Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Lute Marketplace regarding your use of the Platform and supersede all prior agreements or understandings on such subject matter.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in the future.

14.4 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment relationship, franchise, or agency relationship between you and Lute Marketplace.

14.5 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or governmental actions.

15. Contact Information

For questions, concerns, takedown requests, or support, please contact:

Lute Marketplace Email: info@lutemarketplace.com Platform: lutemarketplace.com

16. Acknowledgment and Agreement

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU ARE ACCEPTING ON BEHALF OF A MINOR FOR WHOM YOU HAVE PARENTAL OR GUARDIAN AUTHORITY, YOU ALSO ACCEPT THESE TERMS ON THEIR BEHALF.

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