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Acceptance of Terms of Use These Terms of Use govern your use of the DormBooks.com service and Web site. By using, visiting, or browsing the DormBooks.com Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the DormBooks.com service or Web site. These Terms of Use are an ongoing contract between you and DormBooks.com and apply to your use of the DormBooks.com service and Web site. These Terms of Use affect your rights and you should read them carefully. Changes to Terms of Use DormBooks.com, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the DormBooks.com Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the DormBooks.com Web site or continued use of our service after changes are made means that you agree to be bound by such changes. Privacy Any information submitted on the DormBooks.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy. How Our Service Works DormBooks.com is an online textbook buy back and distribution service. Customers are able to sell back used textbooks at the end of a semester as well as purchase used textbooks at the beginning of a semester. Upon confirming a transaction, customers agree to not purchase textbooks elsewhere and to pay the given total for their books once the books are delivered. Returns can only be made if they comply with DormBook.com’s Return Policy. Billing By using the DormBooks.com service, you are expressly agreeing that we are permitted to bill you upon delivery of your purchase and for any applicable tax and any other charges you may incur in connection with your use of the DormBooks. com service. Additional charges may include a penalty upon failure to pay upon delivery. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. We reserve the right to terminate your order for any or no reason. Disclaimers of Warranties and Limitations on Liability The DormBooks.com service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the DormBooks.com Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the DormBooks.com Web site, any failures or delays in the delivery of books, delivery of any content contained on the DormBooks.com Web site, any losses or damages arising from the use of the content provided on the DormBooks.com Web site, or any conduct by users of the DormBooks.com service or Web site. We reserve the right to deliver books in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. Though the DormBooks.com staff works very hard to publish the most accurate information possible, including competitor's prices, the prices of our competitors can change instantaneously without our knowing. Though we make every effort to know and publish the most accurate prices, in no event shall DormBooks.com, directors, officers, or employees be liable (jointly or severally) for any prices which are inaccurate or wrong. In no event shall DormBooks.com, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the DormBooks.com Web site, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Intellectual Property - Copyright All content included on the DormBooks.com Web site and delivered to customers as part of the service, including books, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of DormBooks.com, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DormBooks.com, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from DormBooks.com, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the DormBooks.com Web site, not to insert any code or product or manipulate the content of the DormBooks.com Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. DormBooks.com reserves the right to terminate your eligibility as a customer hereunder if DormBooks.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the DormBooks.com Web site. Entertainment and Web Site Content We distribute textbooks and books and we reserve the right to display and promote the books or other information on our Web site to you in any manner we choose in our sole and absolute discretion. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the DormBooks.com Web site are those of the respective authors or producers and not of DormBooks.com or its directors, officers, or employees. Under no circumstances shall DormBooks.com directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the DormBooks.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the DormBooks.com Web site. Use of Information Submitted DormBooks.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to DormBooks.com ("Content"), including, without limitation, responses to questionnaires, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DormBooks.com Web site or other Web sites. Furthermore, by submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note DormBooks.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DormBooks.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against DormBooks.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. Service Testing From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice. Electronic Communications By using the DormBooks.com service, you consent to receiving electronic communications from DormBooks.com. These communications will include notices about your order (e.g., delivery and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured books or other related information or offerings. These communications are part of your relationship with DormBooks.com and you receive them as part of the DormBooks.com purchase. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your Conduct on the DormBooks.com Web Site By accessing the DormBooks.com Web site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the DormBooks.com Web site. You also agree not to impersonate any other person while using the DormBooks.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the DormBooks.com Web site for any unlawful purpose. Limitations on Use You must be 18 years of age or older to use the DormBooks service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While DormBooks does distribute products that may be used by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the content on the DormBooks.com Web site is for your personal and non- commercial use and we grant you a limited license to access the DormBooks.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the DormBooks.com Web site without our express written consent. Any unauthorized use of the DormBooks.com Web site or its contents will terminate the limited license granted by us. You may address any concerns or questions regarding the information collected to questions@dormbooks.com Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Links Some of the hyperlinks and banners on the DormBooks.com Web site may lead to other Web sites that are not controlled by, or affiliated with, DormBooks.com. In addition, other Web sites may link to the DormBooks.com Web site. DormBooks.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. Last Updated: April 2009 |
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