Terms and Conditions
Please read these Terms and Conditions ("Terms") carefully before using Reclaim ("the platform") operated by NORAD ("us," "we," or "our"). These Terms govern your use of the App, and by accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the App.
1. User Eligibility
You must be at least 17 years old to use Reclaim. By using Reclaim, you represent and warrant that you are 17 years of age or older. In addition to being at least 17 years of age, users must be currently enrolled in or officially affiliated with a recognized college or university. Verification of such affiliation may be required to maintain a safe and authentic user community.
Users are expected to adhere to our Community Standards, which promote respect, integrity, and honesty. Engaging in any form of harassment, fraudulent claims, or misuse of the platform will result in appropriate actions, including account suspension or termination.
2. Prohibited Items
You agree not to post or attempt to sell, trade, or exchange any items that fall under the categories mentioned in our Item Prohibition Policy. We reserve the right to remove any items that violate this policy and take appropriate actions against users who attempt to bypass these restrictions.
Prohibited items include, but are not limited to, illegal substances, weapons, stolen goods, and any items that violate copyright or trademark laws. Violations of this policy may result in suspension or further legal action, as necessary.
Below is a comprehensive list of prohibited items:
Illegal or Stolen Items: Items that are illegal to possess, sell, or trade, as well as items that have been reported as stolen.
Hazardous Materials: Explosives, firearms, ammunition, chemicals, flammable substances, and other dangerous items.
Illegal Substances: Drugs, narcotics, controlled substances, and related paraphernalia.
Adult Content: Materials containing explicit adult content or pornography, deemed inappropriate for minors.
Prescription Medications: Prescription drugs, pharmaceuticals, or medical devices traded without proper authorization.
Animal Products: Items derived from endangered or protected species, or associated with animal cruelty.
Forgery and Fraud: Fake IDs, forged documents, or any items intended to facilitate identity fraud.
Regulated Substances: Alcohol, tobacco, and vaping products, which may be restricted based on regional laws.
Weapons and Sharp Objects: Knives, blades, and other weapons, subject to local law restrictions.
Human or Animal Remains: Products containing or relating to human or animal remains.
Offensive or Hate-related Items: Products that promote hate speech, racism, violence, or discrimination.
Medical Devices and Equipment: Devices requiring professional qualifications for safe use, restricted for sale.
Keys, Wallets and Personal Documents: Items such as house keys, dorm keys, car keys, wallets, driver’s licenses, passports, credit cards and other forms of identification or personal documents. These items contain sensitive information and are critical to personal security, making them restricted for trading or sharing on the platform.
We reserve the right to update this policy as necessary to reflect changes in legal regulations and community standards. Please refer to this section periodically to stay informed about prohibited items on our platform.
3. Account Registration
To access certain features of Reclaim, you may need to create an account. You are responsible for providing accurate and complete information during the registration process. You are also responsible for maintaining the confidentiality of your account credentials and agree not to share them with others. You must notify us immediately of any unauthorized use of your account.
4. User Conduct
You agree to use Reclaim for lawful purposes and comply with all applicable laws and regulations. Any attempts to harm, disrupt, or interfere with the functionality of the platform or its users may result in account suspension and other necessary actions to protect Reclaim and its community.
5. Privacy and Data Protection
We take your privacy seriously. Our Privacy and Data Protection Policy outlines how we collect, use, and safeguard your personal information in compliance with applicable data protection laws. By using Reclaim, you consent to our data practices as described in the Privacy Policy, which also includes your rights regarding data access, correction, and deletion.
6. Intellectual Property
All content and materials available on the App, including but not limited to text, graphics, logos, images, videos, and software, are the property of NORAD or its licensors. You may not use, modify, reproduce, distribute, or create derivative works based on any of the platform's content without prior written consent from us.
Regarding user-generated content, including descriptions and images of items, users grant Reclaim a license to use this content as outlined, but retain ownership of their original content. Users must ensure they have the right to post any content they share on the App and respect the intellectual property rights of others.
7. Third-Party Content and Links
The App may contain links to third-party websites or content. We do not endorse or control these third-party sites and are not responsible for their content or practices. Your use of third-party websites is subject to their respective terms and conditions. Please review those terms, as Reclaim does not bear responsibility for external content.
8. App Availability and Modifications
We strive to provide a reliable and accessible platform. However, we do not guarantee continuous or error-free operation. We may modify, suspend, or discontinue platform services at any time, with or without notice. We will make reasonable efforts to notify users of significant modifications, suspensions, or terminations in advance.
9. Limitation of Liability
To the extent permitted by law, NORAD and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the platform or any items listed on it. This includes any loss, damages, or costs related to access or lack of access to the platform.
10. Indemnification
You agree to indemnify and hold NORAD and its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses (including attorney's fees) arising from your use of the platform, violation of these Terms, or infringement of any third-party rights.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Maryland. In the event of a dispute arising from these Terms or your use of the platform, both parties agree to first attempt to resolve the matter informally. If an informal resolution is unsuccessful, disputes shall be resolved through arbitration in accordance with the rules of a mutually agreed Arbitration Organization. The arbitration will be conducted in Maryland, and the arbitrator's decision shall be binding and final.
12. Changes to the Terms
We reserve the right to update or modify these Terms at any time. Users will be notified of significant changes through email or platform notifications at least 30 days before changes take effect, ensuring transparency and giving users the opportunity to review changes. Your continued use of the platform constitutes acceptance of the revised Terms.
13. Your Items and Contents:
You grant us certain permissions to use your items and content. We may display items posted shared by you or on your behalf on Reclaim. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Item posted and any other content, data, or information shared by you or on your behalf or accessed by us including photos and videos in connection with the Reclaim Products. You represent and warrant that you have all necessary rights in User Content to grant us the licenses and rights set forth in these User Terms.
A. You are responsible for your items and content. Even if we host and display your User Content on Reclaim, you are solely responsible for the contents of your User Content. You must ensure that all User Content is true, accurate and complete at all times, including without limitation the description, price, etc. You are solely responsible for items you post on the lost and found items on Reclaim.
B. You must ensure that your Item posted provides Users with the terms, conditions and policies that apply to the transaction for that product. You are responsible for displaying, keeping up to date and honoring any privacy policies and all other relevant terms or information or disclosures related to your Item that you want to apply to your interactions with Users or that are otherwise required by law. Any such terms, information, or disclosures do not bind us and must not conflict with these User Terms or our other applicable terms and policies.
C. You are responsible for ensuring the integrity and safety of your products and services. As between us, you are solely responsible for any defect or non-conformity in any item you post and for complying with any recall or safety alert, or similar direction or notice, with respect to any item related to your Item posted. You agree to promptly remove any Item posted upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services relating to your item posted
D. We may review your User Content to ensure the integrity of our services, but this does not change your obligations to us or to other Users. These reviews may include automated or other audits of your User Content to verify compliance with these User Terms and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these User Terms and applicable law.
Our Services
A. We may modify or cease providing our services. We may modify or cease operating any Reclaim Feature, with or without prior notice or liability to you.
B. We provide our Reclaim Features as a convenience to you. The Reclaim Features, including but not limited to tools we provide that allow you to view information about past transactions, offer Incentives, or to calculate default shipping rate, tax rate or other data, are provided as a convenience only. You use them at your sole discretion and risk. We are not responsible for any inaccuracies, errors or liabilities that may arise out of their use. Additional terms may apply to their use.
C. We may test improvements that affect your use of our services. From time to time, we test improvements to our audiences and delivery systems, which may impact how your User Content is displayed or your use of Reclaim Features or other services. Testing is designed to improve the effectiveness of our service, but we are not responsible for impacts to you that may arise from it.
D. Our role. While we may provide certain services to enable disputes or to help resolve issues with users, we have no control over and do not guarantee the performance or actions of any user.
15. Enforcement of our terms
A. We reserve the right to review your use of Reclaim Features and take any actions we deem necessary or advisable in our discretion to protect us or our Users, which may include remedies up to and including suspension or termination of any or all our services to you.
B. Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date.
C. In connection with our review of your use of Commerce Features, we may request information from you. You agree to promptly comply with our requests.
Indemnification
In addition to and without limiting the scope of the indemnification obligations set out in the terms and policies listed in the section above
A. You agree to indemnify and hold us harmless from and against any claims (including but not limited to claims for property damage, bodily injury or death, and to the extent permitted by law, claims based on our negligence), damages, losses and expenses of any kind (including reasonable legal fees and costs) (collectively, “Claims”) arising from or related to your listing of items using our Reclaim Features, the products you list using our Reclaim Features, your acts or omissions with respect to User Data or any breach or alleged breach of these User Terms.
B. You agree to indemnify and hold us harmless from all Claims related to Taxes & Fees, including any penalties and interest (“Tax Liabilities”) that may result from your use of Reclaim Features. You agree that (a) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (b) you are solely responsible and liable for payment of Tax Liabilities; and (c) you shall not seek reimbursement from us for Tax Liabilities.
Other terms and conditions