Last Updated: 11/4/19

DCU’S MEMBER MARKETPLACE TERMS OF USE

WELCOME TO DCU’S MEMBER MARKETPLACE.  We (Digital Federal Credit Union or “DCU”) hope you find it as a useful resource to buy and sell goods through a variety of categories directly with other members of DCU.  By accessing or otherwise interacting with our servers, services, websites, mobile applications, or any associated content/postings on DCU’s Member Marketplace (“Site”), you agree to these Terms of Use (“TOU”). You acknowledge and agree that DCU’s Member Marketplace is a private site owned and operated by DCU.  If you do not agree to the TOU, you are not authorized to use the Site or download any related application. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use the Site. Our Privacy Policy, list of prohibited content, and all other policies, other Site rules, including, without limitation, DCU’s general  for using DCU.org (“General Terms of Use”), and any other agreements governing your membership with DCU, are fully incorporated into this TOU, and you agree to them as well.

LICENSE.  If you agree to the TOU and (1) are a member of DCU; (2) of sufficient age and capacity to use the Site and be bound by the TOU; and (3) will not use the Site on behalf of a business, we grant you a limited, revocable, non-exclusive, non-assignable license to use the Site in compliance with the TOU. Unlicensed use is unauthorized. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post on the Site.

USE.  Except our servers, websites or mobile applications, you agree not to use or provide software or services that interact or interoperate with the Site for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy or collect Site content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings, communications or accounts are prohibited, as is buying or selling accounts or access thereto. You agree not to post content that is prohibited by any of DCU’s policies or rules referenced below (“Prohibited Content”).  You agree not to abuse the Site’s flagging or reporting processes. You agree not to collect the Site’s user information or interfere with the Site. You agree we may moderate the Site through access and use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access, license, account, and your posting(s). You agree (1) not to bypass said moderation; (2) we are not liable for moderating or not moderating; and (3) nothing we say or do waives our right to moderate, or not.  You agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available the Site or our application programming interface (“API”); (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the Site, the API, any website code, or any software used to provide the Site; (iii) combine or integrate the Site or the API with any software, technology, services, or materials not authorized by us; (iv) circumvent any functionality that controls access to or otherwise protects the Site or the API; or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use the Site or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

PROHIBITED CONTENT.  The following is a partial list of goods, services, and content prohibited on the Site:

  • False or misleading items: Any item that is not a real, physical product for sale or any false, misleading, deceptive, or fraudulent content (e.g., bait and switch or keyword spam)
  • Counterfeit or illegal items: Any items that are not legal to possess, sell, exchange or transfer or otherwise violate the law or legal rights of others (e.g., counterfeit or stolen property).
  • Services: You cannot sell a service (e.g., house cleaning).
  • Lottery or raffle tickets, event tickets, sweepstakes entries, slot machines, or any other gambling items.
  • Animals: You cannot post animals for sale or adoption or post any animal byproducts from endangered, imperiled and/or protected species (e.g., ivory)
  • Healthcare: Healthcare-related items, prescription drugs, medical devices, and any controlled substances and related items (e.g., thermometers, first aid kits, or medicine).
  • Weapons: Weapons, firearms, guns, BB/pellet guns, stun guns, spearguns, ammunition and components of the foregoing.
  • Food, alcohol, and tobacco, and cosmetics: Any alcohol, tobacco, food, and cosmetic products.
  • Explosives: Any explosive device (e.g., fireworks).
  • Exploitation or endangerment of minors: Any content exploiting or endangering minors (e.g., child pornography).
  • Before and after pictures: Items on sale cannot show a before and after picture (e.g., a photo showing weight loss).
  • Biometric information: Any information that can identify an individual’s physiological, biological or behavioral characteristics (e.g., a photo of the item you are selling which includes your or any other individual in the photo).
  • Confidential and proprietary information: Anyone’s personal, identifying, confidential or proprietary information.
  • Offensive, obscene, defamatory, threatening, or malicious postings.
  • Food stamps, WIC vouchers, SNAP or WIC goods, or governmental assistance.
  • Affiliate marketing, network, or multi-level marketing (e.g., pyramid schemes).

We may refuse any posting at our sole discretion, even if the post does not fall within the prohibited content specifically referenced above.

FEES: We do not charge any fee for use of the Site.

LIMITS ON OUR ACTIVITIES: You understand and agree that we will not advertise, store, or process orders for personal property, collect taxes for any taxable sales of personal property, process or facilitate payments, or facilitate member-to-member correspondence related to a transaction on the Site.  All correspondence, payments, and transactions will need to be coordinated and effectuated by members through their direct engagement via email or other modes of communication off the Site.

TAXES: We do not collect or remit any taxes that may arise from the sale of items on the Site.  You understand and agree that you are solely responsible for remitting any taxes that arise from the sale of an item posted on the Site to the appropriate taxing authorities.

INCORPORATION OF OUR GENERAL TERMS OF USE:  Our General Terms of Use for your use of the DCU.org website is incorporated and restated herein and made applicable to your use of the Site.  If there are any inconsistent terms between the DCU Marketplace Terms of use and our General Terms of Use, the former will control to the extent of any inconsistency.  YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE TERMS AND CONDITIONS HEREIN AND THE GENERAL TERMS OF USE, WHICH INCLUDE, WITHOUT LIMITATION, DCU’S DISCLAIMER AND LIMITATIONS ON LIABILITY AND YOUR INDEMNITY OBLIGATIONS, AND THAT SUCH TERMS AND CONDITIONS ARE APPLICABLE TO YOUR USE OF THIS SITE.

THE SITE IS PROVIDED “AS IS” WITH NO WARRANTIES: In addition to our Disclaimer and Limitations on Liability set forth in our General Terms of Use, to the extent permitted by law, we also disclaim any responsibility, liability, and any express or implied warranty on goods that are bought and sold on the Site.  YOUR PURCHASE AND SALE OF GOODS THE SITE IS AT YOUR OWN RISK. THE CONTENT ON THE SITE, INCLUDING GOODS FOR SALE ON THE SITE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

PRIVACY AND SECURITY:

  1. Governing Law.  DCU is a federal credit union and the information we collect, process, disclose or otherwise transfer to or from you is pursuant to and governed by the federal Gramm-Leach-Bliley Act (Public Law 106-102), and its implementing regulations.
  2. Information We Collect from You.  We will collect the following information: your first and last name, your email address, and the city, state and zip code of where the listing is located for you to be able to use the Site.  We may also collect the following information automatically when you use the Site, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, the date and time of your visit, information about the links you click and pages you view on the Site, and other standard server log information.  We may also collect certain location information when you use the Site, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers. We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information.  Cookies are small bits of information that are stored by your computer’s web browser.  Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.  Local Shared Objects (sometimes referred to as “Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device.  By using the Site, you consent to our use of cookies and similar technologies.We may also collect technical data to address and fix technical problems and improve the Site, including the memory state of your device when a system or application crash occurs while using the Site.  Your device or browser settings may permit you to control the collection of this technical data.  This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Site, you are consenting to the collection of this technical data.
  3. We are Not Responsible for Third-Parties.  We caution you not to provide any information other than your name, your email address, and the city, state and zip code of the location of the listing on the Site.  Since the actual facilitation of the transaction, such as shipping and payment arrangements, will need to be made off of the Site, you may need to provide additional information off the Site to facilitate the transaction.  Such information may include, without limitation, your phone number or the physical address from which the goods will need to be picked up or to which they will need to be shipped.  You will decide what information to provide and will do so at your own risk.  DCU is not responsible for the privacy and security of information you disclose off the Site.  Once you leave the Site and provide information about yourself through email and other channels or modes of communication that are owned and operated by third parties, such third parties are responsible for the privacy and security of your personal information.  The way third parties safeguard the privacy and security of your personal information may be governed by their own privacy policies, which we encourage you to read before providing your personal information.  DCU has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites, mobile applications, or any other communication channels and platforms.
  4. How We Share Your Personal Information and Your Ability to Limit Sharing.  Please refer to our Privacy Policy, which sets forth the reasons we can share your personal information, the purposes for which we share your personal information, whether you can limit sharing, and other related information.

DISPUTES: If there is any dispute about or involving this TOU and/or the Site, you agree that any dispute shall be governed by the laws of the Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the state and federal courts of Middlesex County, Massachusetts in connection with any dispute between you and us arising out of or involving this TOU and/or the Site.

MISCELLANEOUS:

  1. If any part of this TOU is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
  2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DCU as a result of this TOU or your use of the Site.
  3. This TOU constitutes the entire agreement between relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and DCU with respect to the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site and our other services. We may revise this TOU at any time by updating this posting. You should review the TOU from time to time to determine if any changes have been made to the TOU. Your continued use of the Site after any changes have been made to this TOU signifies and confirms your acceptance of any changes or amendments to this TOU.
  4. Our failure to exercise or enforce any right or provision of this TOU shall not operate as a waiver of such right or provision. Any waiver of this TOU by us must be in writing and signed by an authorized representative of DCU.
  5. The section titles in the TOU are for convenience only and have no legal or contractual effect.