Terms of Purchase
BOOKTRADES.BIZ - TERMS OF PURCHASE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE
ACCESSING ANY PART OF THE WEBSITE OR THE SERVICES.
The following are the terms and
conditions for Booktrades.biz (the "Website"), the products and
the services offered on and through the Website, as well as the Chrome
extension software plugin (collectively, the Website, products, services, Chrome
extension software plugin, and all related content including downloads and any
other materials are referred to as the "Booktrades Services"). The
BookTrades Services are owned and operated by Keyword Rockstar Inc.
("BookTrades" or "Us,"" or "We").
By accessing, continuing to access,
and/or subscribing to the BookTrades Services and in consideration for the BookTrades
Services, (You) (the person or entity that is accessing or subscribing to the
BookTrades Services) ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE
TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE BOOKTRADES
SERVICES (the "Terms" or "Agreement").
Your use and subscription to the BookTrades
Services is conditioned on Your acceptance without modification of the terms,
conditions, and notices contained herein.
I. OVERVIEW AND DISCLAIMERS
BOOKTRADES provides BookTrades Services
which enable You to research various purchase prices, trade-in values, and/or
resale values of books.
We will do our best to fulfill Your order but cannot
guarantee to do so. We will confirm
Your order and acknowledge that Your order is being processed. However, no order is accepted and no
contract is created between You and Us unless and until we provide You with
access to the BookTrades Services.
By subscribing to the BookTrades Services, You
agree that we may process Your order and give You access to the BookTrades
Services as soon as possible. We
will process Your order on receipt, but we do not guarantee immediate response
or availability of the BookTrades Services.
ACCOUNTS AND REGISTRATION
Registration. In order to access and utilize the BookTrades
Services, You must register and create an account. In order to create an account, You must
complete the registration process by providing BOOKTRADES with complete and
accurate information as prompted by the registration form, including contact
information, a username, and password.
You shall protect Your password and take full responsibility for Your
own and third party activities that occur under Your account. You agree to notify BOOKTRADES
immediately of any unauthorized use of Your account or any other breach of
security. If You create an account
on behalf of an entity, these Terms bind both You and the entity.
Refusal of Service. BOOKTRADES reserves the right, with
or without notice, to terminate the account and subscription of any persons
that violate these Terms, violate any party's intellectual property rights,
misuse the BookTrades Services, or otherwise engage in inappropriate
conduct, as determined by BOOKTRADES in its sole discretion.
BOOKTRADES reserves the right to
change or modify any of the Terms or any policy governing the use of the BookTrades
Services, at any time, by posting the new terms on the Website. The most current version of these Terms
will be located on this page. You
understand and agree that Your access to or use of the BookTrades Services
is governed by the then-current Terms that are effective at the time of Your
access or use of the BookTrades Services. If we make material changes to these
Terms, we will notify You by updating the "Updated" date indicated at
the top of this page with the date that revisions to these Terms were last
made. You should revisit these
Terms on a regular basis as revised versions will be binding upon You. Any such modification will be effective
upon our posting of such new Terms.
You understand and agree that Your
continued access or use of the BookTrades Services after the effective date
of modifications to the Terms indicates your acceptance of the modifications.
OFFERS, SUBSCRIPTION, PAYMENT, AND LICENSE
Special Offers. BOOKTRADES may offer the BookTrades Services, or a
limited version thereof, in a limited free form, on a limited free-trial basis,
on a reduced basis, or at other applicable promotional pricing (ÒSpecial
OffersÓ). If You fail to cancel Your subscription within the trial period, You will
incur subscription fees, as detailed below. Please review the specific terms of Your
applicable subscription for more details on any required subscription fees and
the details of any Special Offers.
Subscription. With the exception of Special Offers, in
order to use the BookTrades Services, You must have an active paid
subscription to the BookTrades Services. If You fail to make the required
payments to BOOKTRADES, or Your subscription period ends, Your license to
access and use the BookTrades Services is automatically revoked.
Payment. As a condition of Your subscription,
use, and access of the BookTrades Services, You agree to pay all applicable initiation
and subscription fees (the ÒService FeesÓ). With the exception of any Special Offers,
the following Service Fees shall apply:
A one-time initiation fee of $2,997.00,
payable either in full, or in four (4) equal payments of $749.25; and
(b) A monthly subscription fee of $297.00 per month.
initiation fee specified in subsection (a) may be financed through Paypal. Unless otherwise stated, all fees are
stated in U.S. Dollars (ÒUSDÓ).
IMPORTANT NOTICE TO CONSUMER REGARDING AUTOMATIC MONTHLY RENEWAL
OF SUBSCRIPTION TO THE BOOKTRADES SERVICES:
Automatic Monthly Subscription Renewals. BOOKTRADES
will automatically renew Your monthly subscription on each monthly anniversary
date of Your initial payment of the Service Fees and, as authorized by You by
checking the box indicating Your consent for automatic monthly renewal of Your
subscription to the BookTrades Services. Each subscription period is for one
may change the Service Fees for the BookTrades Services at any time and from
time to time, effective immediately upon Your receipt of notice of such fee change;
provided, that, such fee changes will only be effective as to usage of the BookTrades
Services thereunder that occurs after the effective date of the Service Fees change.
addition to the Service Fees, You shall also be responsible for all taxes
assessed in connection with the BookTrades Services, including any foreign,
federal, state, or local taxes and charges assessed in connection with the
BookTrades Services, including, without limitation, all governmental excise,
use, sales, value-added, and occupational taxes and other fees, or other
similar surcharges and levies (including, without limitation, universal service
fund charges or equivalents), but excluding any taxes based on a Party's net income
("Taxes"). You agree that You are solely responsible for collection
and payment of any and all Taxes that You are required to pay to any taxing
authority in connection with Your use of the BookTrades Services, and You
shall indemnify us for any losses, liabilities, costs, and expenses incurred as
a result of a breach by You of this section.
credit/charge card payments are subject to authorization by the card
issuer. If Your payment is not
authorized, we will cancel Your order.
Access to the Textbook Money Services will only be made available to You
after Your payment has been authorized.
agree to pay the applicable Service Fees for the BookTrades Services as they
become due and to reimburse BOOKTRADES for all collection costs and
interest. The failure to pay may
result in the termination of Your account and subscription. We reserve the right to suspend and
deactivate Your access to the BookTrades Services immediately in the event Your
account has any past due amounts.
If we elect to suspend BookTrades Services, no service interruption
shall be deemed to occur, and we shall have no responsibility to provide, or
liability for, BookTrades Services during such period of suspension. Your obligation to pay fees continues
through the end of the subscription period during which You cancel Your
purchasing a subscription to the BookTrades Services, You consent to
BOOKTRADES storing your payment information.
Cancellation. You may cancel Your subscription to the BookTrades Services
at any time by emailing support or submitting a cancellation request via a support ticket. Cancellation requests must be received
within 5 days prior to the end of Your subscription period, in order to take
effect the following month. If you
cancel Your subscription, You will retain access to the BookTrades Services
through the end of Your subscription period. You will not be eligible for a prorated
refund of any portion of the Service Fees through the end of the current
All Sales Final. Upon Your
initial access and/or download of the BookTrades Services, You agree that
you have realized the full value of the BookTrades Services and are
ineligible to return the TextookMoney Services or request a refund for any
reason apart from BOOKTRADES' 60 Day Double Your Money Back Guarantee. With the exception of BOOKTRADES' 60
Day Double Your Money Back Guarantee, no refunds will be given for any reason.
Refund Policy. BOOKTRADES
does not offer an unconditional money back guarantee. We only offer our 60 Day
Double Your Money Back Guarantee, if You meet all requirements and qualify.
Otherwise, all sales are final and no refunds will be given. Your subscription to the BookTrades
Services will terminate upon any refund provided to You pursuant to the 60 Day
Double Your Money Back Guarantee Policy.
60 Day Double Your Money Back Guarantee
Policy. BOOKTRADES offers a 60 Day Double Your Money Back Guarantee Policy
under the following terms:
must purchase at least 14 books each week during the initial 60 days of Your subscription
to the BookTrades Services. For
the purposes of this guarantee, the first week will begin 48 hours from Your purchase
of a subscription to the BookTrades Services. Each of Your book purchases must be
logged in the BookTrades Services inventory management software. You must perform at least 2 searches for
books per day, no less than 5 days per week. Each search must have a period of at
least 3 hours between them in order to count. We recommend that you do one in the
morning and one in the afternoon. You
must document each search You perform in a Google spreadsheet, and include when
you performed the search, and how long you spent searching. It is imperative that you document this
data in the spreadsheet immediately after you search, because the tracking
features of spreadsheet will be used to confirm that you have complied with the
search requirement specified above.
The spreadsheet should include your name, your purchase email address,
and must be shared with email@example.com no later than 3 days after purchasing your subscription to
the BookTrades Services.
follow the above steps and do not make your money back on the
initiation fee paid for the BookTrades Services within the first 60 days of
Your subscription, simply contact us at firstname.lastname@example.org and we'll arrange a quick web meeting to verify that You
fully met each of the requirements exactly as specified above. If You did, BOOKTRADES will refund You
double your initiation fee minus the profits earned from your trade ins and book sales within 7 days of the web meeting. You must contact us between 61 and 68
days of your subscription purchase today to claim the guarantee and meet all
the requirements exactly as stated above.
License. Subject to Your compliance with these
Terms, and Your continued payment of all applicable Service Fees, BOOKTRADES
hereby grants You a limited, revocable, non-exclusive, non-transferable license
to use the BookTrades Services provided by BOOKTRADES solely for Your own
individual purposes. This license is automatically terminated if You violate
any of these Terms.
Except as expressly set forth
herein, You must not do, or permit others to do, any of the following: You
Use, copy, reproduce, modify or
create derivative works of the BookTrades Services;
Transfer, lease, lend, sublicense,
resell or otherwise distribute or allow third party access to any portion of
the BookTrades Services, including, but not limited to, by sharing Your
access username and/or password;
Reverse engineer, decompile or
disassemble the BookTrades Services or convert them to any other format or
Remove, obscure, or alter any legal
notices, including any notices of intellectual property rights appearing in the
Make any changes to the content of
the BookTrades Services;
Bypass, modify, defeat, or
circumvent security features that protect the BookTrades Services;
Use, post, transmit or introduce any
device, software or routine which interferes or attempts to interfere with the
operation of the BookTrades Services;
Use any robot, spider, scraper, deep
link or other similar automated data gathering or extraction tools, program,
algorithm or methodology to access, acquire, copy or monitor the BookTrades
Services or any portion thereof, without our express written consent, which may
be withheld in our sole and absolute discretion; or
Violate or attempt to violate the
security of BOOKTRADES' networks or servers, including by actions including
but not limited to accessing data not intended for You or logging into a server
or account which You are not authorized to access; attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper written request and authorization;
and/or attempting to interfere with service to any user, host or network,
including by means of submitting a virus, overloading, flooding, spamming, mail
bombing or crashing.
Disclaimers. The BookTrades Services are provided
"AS IS." BOOKTRADES
does not represent or warrant and expressly disclaims any
warranty that (i) Your computer or device has the specifications to
support the BookTrades Services; (ii) any information contained in the BookTrades
Services will be accurate; (iii) the BookTrades Services will be
error-free or accessible at all times; (iv) defects will be corrected;
(v) the BookTrades Services or the server that makes it available, are
free of viruses or other harmful component; or (vi) the use or the results
of the use of the BookTrades Services will be correct, accurate, timely, or
otherwise reliable. You are
responsible for all hardware, software, network availability and Internet
connectivity required to access and/or use the BookTrades Services.
Maintenance or Support. BOOKTRADES is not under any
obligation to provide maintenance or support for the BookTrades Services. BOOKTRADES may provide maintenance or
support for the BookTrades Services in BOOKTRADES' sole discretion.
VI. PROPRIETARY RIGHTS
Except for the limited license
expressly granted herein, BOOKTRADES expressly reserves all right, title and
interest in and to the BookTrades Services and all processing, analytics,
data and other software and technology used by BOOKTRADES in the provision
of the BookTrades Services ("Technology"), including, without
limitation, any derivatives, improvements, enhancements or extensions of the
Technology conceived, reduced to practice or otherwise developed by or on
behalf of BOOKTRADES, all of which are valuable assets of BOOKTRADES,
together with any copyright, patent or trademark or other intellectual property
right, or federal or state right, pertaining thereto.
You shall not use, directly or
indirectly, in whole or in part, any signature, monogram, logo, trademark,
service mark, or trade name that is now or may hereafter be owned, licensed or
used by BOOKTRADES (the "Marks") except in the manner and to the
extent approved in writing by BOOKTRADES prior to any such use, which
approval may be withheld in BOOKTRADES's sole discretion. Any use shall
inure to the benefit of BOOKTRADES.
Any permitted use of the Marks shall be immediately discontinued upon
the termination or expiration of these Terms, or Your subscription. You hereby
expressly disclaim any and all right, title, and interest in and to the Marks
whether or not used by You. Your
covenants and disclaimers in this section shall survive the termination or
expiration of this Agreement. You
recognize and acknowledge the validity and ownership of the Marks in the United
States and other countries. You
agree not to contest the ownership of the Marks. Except for the limited rights granted
above, You gain no license or proprietary rights in the Marks and will not
infringe upon, dilute, or harm BOOKTRADES' rights with respect to the
SERVICES AND SITES
may use or provide access to one or more third-parties to process payments,
process account or user registrations, or provide other services. Your
interactions with any of these third-parties is controlled by the terms and
conditions imposed by those third-parties. Any disputes arising regarding a
third-party's services must be resolved directly between user and the
disclaims all warranties or representations regarding any third-party services.
the BookTrades Services, You may direct us to retrieve information regarding
Your accounts with third-party providers with which You (i) have a
relationship, (ii) maintain an account, or (iii) engage in online services
BOOKTRADES makes no effort to review the Account Information for any
purpose, including, but not limited to, accuracy, legality or
non-infringement. BOOKTRADES is
not responsible for the products and services offered by or on third-party websites.
cannot always foresee or anticipate technical or other difficulties that may
result in failure to obtain data or loss of data or other service
interruptions. BOOKTRADES cannot
assume responsibility for the timeliness, accuracy, deletion, non-delivery or
failure to store any data or communications.
VIII. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
does not represent or warrant and expressly disclaims any
warranty that (i) any information provided by the BookTrades Services
will be accurate, (ii) the BookTrades Services will be error-free or
accessible at all times, (iii) defects will be corrected, (iv) the BookTrades
Services or the server that makes them available, are free of viruses or other
harmful component, or (v) the use or the results of the use of the BookTrades
Services will be correct, accurate, timely, or otherwise reliable.
BOOKTRADES SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BOOKTRADES EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE FOREGOING, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR TRADE USAGE.
BOOKTRADES DOES NOT WARRANT THAT THE BOOKTRADES SERVICES WILL MEET
YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE TEXTBOOKMOEY
SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE BOOKTRADES SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT
OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE BOOKTRADES
SERVICES. THE FOREGOING EXCLUSIONS
AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS
FOR DETERMINING THE SERVICE FEES FOR THE BOOKTRADES SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN
IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS, SOFTWARE, OR
SERVICE(S) CONTROLLED OR PROVIDED BY THIRD PARTIES. AT TIMES, ACTION OR
INACTION BY THIRD PARTIES CAN IMPAIR OR DISRUPT THE BOOKTRADES SERVICES. BOOKTRADES MAKES NO REPRESENTATIONS
AND EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE DATA, PRODUCTS, SOFTWARE
OR SERVICE(S) CONTROLLED OR PROVIDED BY ANY THIRD PARTY, INCLUDING THE
PROVIDERS OF TELECOMMUNICATIONS OR NETWORK PRODUCTS OR SERVICES. SUCH DATA, PRODUCTS, AND SERVICES ARE
NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND BOOKTRADES, ITS
SERVICE PROVIDERS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL LIABILITIES ARISING
FROM ANY SUCH ERROR, INTERRUPTION, OR OTHER FAILURE. YOU ACKNOWLEDGE THAT AN INTERRUPTION IN THE
BOOKTRADES SERVICES DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF
BOOKTRADES SHALL BE CONSIDERED A FORCE MAJEURE EVENT. FURTHER, BOOKTRADES DISCLAIMS ALL
RESPONSIBILITY, WARRANTIES, AND LIABILITY FOR DELAY, INTERRUPTION, OR
INEFFICIENCY ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR THAT OF ANY OTHER
access the BookTrades Services through a mobile device, Your wireless
service carrier may charge You data rates and related fees.
Your Representations, Warranties, and Obligations. You agree to
observe the highest standard of integrity and fair dealing and conduct Your
business in a manner that will reflect favorably on BOOKTRADES; avoid any
deceptive, misleading, or unethical practice that may be detrimental to
BOOKTRADES; and carry out the terms and conditions of this Agreement
diligently and in good faith. In
addition, You shall be liable to us for any damages caused by any intentional
or illegal acts committed by You (and Your clients or customers) in connection
with Your use of the BookTrades Services.
Services may only be used in accordance with this Agreement. You shall comply at all times with all
applicable laws and regulations and our operating procedures, as modified from
time to time, to the extent applicable to the BookTrades Services. You warrant and undertake that You shall
not use the BookTrades Services for any illegal, fraudulent, immoral, or
prohibited purpose; in breach of third party rights; or in a manner that
violates any applicable law or regulation, or otherwise exposes us to legal
liability, whether or not this use is authorized or consented to by us (each
such circumstance, "Service Misuse"). Notwithstanding anything to the contrary
and in addition to any other remedies available at law or in equity,
BOOKTRADES, in its sole discretion, may immediately suspend and/or block
access to the BookTrades Services, without notice, in order to prevent any
Service Misuse or any harm to BOOKTRADES, its employees, and its business,
and You shall indemnify BOOKTRADES in respect of any losses, liabilities,
costs, and expenses incurred as a result of a breach by You of this
section. If BOOKTRADES elects to
suspend BookTrades Services, no service interruption shall be deemed to
occur. Customer shall not be
relieved of its payment obligations and BOOKTRADES shall have no
responsibility to or liability for BookTrades Services during such period of
represent and warrant that (i) You have the legal right and authority to enter
into this Agreement and to perform your obligations hereunder; (ii) You will
comply with all applicable State and Federal laws and regulations and will not
cause any material breach of any agreements with any third parties; and (iii) You
shall at no time use the BookTrades Services in any manner other than that
which is specifically contemplated herein.
AND PROHIBITED ACTIONS
will not use the BookTrades Services in any way or for any purpose that
would violate, or would have the effect of violating, any applicable laws,
rules or regulations or any rights of any third-parties, including without
limitation, any law or right regarding any copyright, patent, trademark, trade
secret, or other proprietary or property right, false advertising, unfair
competition, defamation, invasion of privacy, rights of celebrity, or other
federal or state law, rule, or regulation. You also agree to comply with any
and all applicable third party network terms and conditions and policies.
You agree to indemnify, hold
harmless and defend BOOKTRADES, its directors, employees, agents, or
affiliates (collectively the "Indemnified Parties") at Your expense,
against any and all third-party claims, actions, proceedings, and suits brought
against any of the Indemnified Parties, and against all related liabilities,
damages, settlements, penalties, fines, costs or expenses (including, without
limitation, reasonable attorneys' fees) incurred by the Indemnified Parties
arising out of or relating to (i) Your breach of any term or condition of
these Terms; (ii) Your use of the BookTrades Services; or (iii) Your
unauthorized use of the BookTrades Services. In such a case, the Indemnified Party or
Parties will provide You with written notice of such claim, suit or
action. You shall cooperate as
fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will
reserve the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by You.
BOOKTRADES WILL NOT BE LIABLE TO
YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS
OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM
OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF
BOOKTRADES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH
IN THIS AGREEMENT TO THE CONTRARY, BOOKTRADES' CUMULATIVE LIABILITY TO YOU
OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS,
OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE
GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE BOOKTRADES
SERVICES SUBJECT TO THESE TERMS DURING THE PREVIOUS SIX (6) MONTHS, OR
(2) FIVE HUNDRED AND 00/100 DOLLARS ($500.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY
IN CASE OF DISSATISFACTION WITH THE BOOKTRADES SERVICES, OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF
THE BOOKTRADES SERVICES.
The term of this Agreement shall be
one (1) month and shall automatically renew for successive one-month terms, unless
You give us written notice of termination via email, or unless otherwise
terminated as provided herein. Upon
final termination of the BookTrades Service(s), Your right to use the
BookTrades Services shall immediately cease.
You may terminate this Agreement
upon our breach of a material covenant, term, or condition of this Agreement;
provided that (i) You give us advance ten (10) calendar days written notice of
such breach, and (ii) we have an opportunity to cure such breach, if curable,
within the applicable notice period.
We may terminate this Agreement for
any reason, including convenience; provided that we give You sixty (60)
calendar days written notice of such intent to terminate. If, however, we block or suspend BookTrades
Services because of Service Misuse, we shall then have the right to immediately
terminate this Agreement without giving notice.
If, as result of Your breach,
BOOKTRADES terminates this Agreement or any Order before the completion of
the month or any subsequent renewal period, then You shall be responsible for
payment for the full balance remaining of any monthly recurring charges payable
through the end of the then current month for any BookTrades Services
provided hereunder. You acknowledge that the amounts payable pursuant to the
immediately preceding sentence are equitable compensation to us and are
intended to compensate us for the losses that would be caused by Your failure
to honor Your obligations with respect to the Textbook Money Service(s).
Upon the effective date of
termination of this Agreement for any reason, including for breach,
convenience, or for any other reason: (i) we may cease providing the Textbook
Money Service(s); (ii) You shall pay any and all undisputed fees for the
Textbook Money Service(s); and (iii) You will not be entitled to any refunds of
any Service Fees.
accessing the Website or the BookTrades Services or providing any personal
information through the BookTrades Services.
submitting Your contact information to BOOKTRADES, You consent to
BOOKTRADES contacting You via any of the contact information You provide,
including by telephone or email. You also consent to BOOKTRADES disclosing Your
submitted information to third-parties for marketing purposes. By providing us
with Your e-mail address, You agree to receive all required notices
electronically at that e-mail address.
It is Your responsibility to update or change that address, as
agree that BOOKTRADES and its affiliated companies and agents may collect,
maintain, process and use diagnostic, technical, usage and related information,
including, but not limited to, technical information about Your computer,
system, links, traffic, application software and peripherals, that is gathered
through use of the BookTrades Services to facilitate the provision of
updates to the BookTrades Services, support and other services to You and
other users related to the BookTrades Services, and to verify compliance
with the terms of this Agreement.
ADMONITIONS FOR INTERNATIONAL USE
the global nature of the Internet, You agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, You agree to comply with
all applicable laws regarding the transmission of technical data exported from
the United States or the country in which You reside and to comply with any
other local laws affecting the transmission or posting of content or affecting
the privacy of persons.
LAW AND VENUE
These Terms shall be governed by and
construed under the laws of the state of Georgia without reference to its
conflicts of law principles. In the
event of any conflicts between foreign law, rules, and regulations, and Georgia
law, rules, and regulations, Georgia law, rules and regulations shall prevail
and govern. Each party agrees to
submit to the exclusive and personal jurisdiction of the courts located in the
State of Georgia. The United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transactions Act shall not apply to these
Terms. The BookTrades Services
provided by BOOKTRADES hereunder are controlled by U.S. Export Regulations,
and they may not be exported to or used by embargoed countries or individuals. Any notices to BOOKTRADES must be
210 Washington St.
via first class or air mail or
overnight courier, and are deemed given upon receipt.
You may only resolve disputes with
us on an individual basis, and may not bring a claim as a plaintiff or a class
member in a class, consolidated, or representative action.
Party shall be responsible for any failure to perform its obligations under
these Terms, except for Your obligation to pay for BookTrades Services
already provided by us, if such failure is unforeseeable by the affected Party
or beyond the reasonable control of the affected Party, such as acts of God,
acts of civil or military authority, government regulations, labor strikes,
embargoes, epidemics, war, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, power blackouts, volcanic
action, other major environmental disturbances or unusually severe weather
You may not assign or otherwise transfer
this Agreement or any of Your rights or obligations hereunder without
BOOKTRADES' prior written consent, which may not be unreasonably
withheld. Any such attempt is
void. If, notwithstanding the
foregoing, this Agreement is assigned pursuant to the provisions of the United
States Bankruptcy Code or similar foreign statute (or any future United States
or foreign bankruptcy law), the assignee hereof shall be deemed, without
further act or deed, to have assumed all of the obligations of the assigning
Party hereunder. Any such assignee
shall, upon demand, execute and deliver to BOOKTRADES an instrument confirming
such assumption. Subject to the
foregoing, this Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
These Terms (including any amendment
agreed upon by the parties in writing) represent the complete agreement between
us concerning its subject matter, and supersedes all prior agreements and
representations between the parties.
If any provision of these Terms are held to be unenforceable for any
reason, such provision shall be reformed to the extent necessary to make it
enforceable to the maximum extent permissible so as to affect the intent of the
parties, and the remainder of these Terms shall continue in full force and
effect. A waiver of any default is
not a waiver of any subsequent default.
The relationship between BOOKTRADES and You is not one of a legal
partnership relationship, but is one of independent contractors. These Terms shall be binding upon and
inure to the benefit of the respective successors and assigns of the parties