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The Used Book Company LLC
Usedbookcompany.com - Terms of Use
The Used Book Company LLC d/b/a Used Book Company, a New Jersey limited liability company, ("Used Book Company" or "company" or "we" or "us") operates the web site, www.usedbookcompany.com (the "Site"). These Terms of Use ("Agreement") govern your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Site that you may access, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information, products or services from the Site.
1. - User Age RequirementsOur platform is not designed for children below the age of 13. We prohibit parents or legal guardians from authorizing these Terms of Use on a child's behalf. Should we learn of personal information gathered from a child under 13, we will make every effort to permanently remove such data from our systems.
For users aged 13 to 18, access to our platform is permitted only with the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms of Use. If a parent or guardian provides consent for a user between the ages of 13 and 18, it is with the understanding that they assume full responsibility for the young user's activities, including any financial charges or potential legal consequences arising from their use of the platform.
For users aged 13 to 18, access to our platform is permitted only with the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms of Use. If a parent or guardian provides consent for a user between the ages of 13 and 18, it is with the understanding that they assume full responsibility for the young user's activities, including any financial charges or potential legal consequences arising from their use of the platform.
2. - User SubmissionsAll contributions and communications to the Used Book Company via our Sites become our exclusive property. You transfer all rights and intellectual property in such contributions to us.
Contributions must not:1. Be illegal, defamatory, privacy-invading, or threatening.2. Contain explicit content or harmful software.3. Infringe on third-party intellectual property.4. Involve spam or false representation.
Impersonation, identity theft, or using a false email is prohibited. We may edit or remove contributions but aren't obligated to. The Used Book Company disclaims any responsibility and assumes no liability for contributions posted by you or any third party on our Site.
Contributions must not:1. Be illegal, defamatory, privacy-invading, or threatening.2. Contain explicit content or harmful software.3. Infringe on third-party intellectual property.4. Involve spam or false representation.
Impersonation, identity theft, or using a false email is prohibited. We may edit or remove contributions but aren't obligated to. The Used Book Company disclaims any responsibility and assumes no liability for contributions posted by you or any third party on our Site.
3. - Electronic CommunicationsWhen you visit the Sites or send e-mails to us, you are communicating with us electronically. By doing so, you thereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. - Promotional MessagesBy using our services and registering for the 'Subscribe for deals' program, you consent to receive promotional content via email or text from the Used Book Company, which may be sent using an automated system. Accepting promotional messages isn't mandatory for purchases. Standard rates apply. To opt out, reply with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Other keywords may not be recognized, and we're not liable for unrecognized requests. You acknowledge that we offer no guarantees regarding third-party messages or offers, and we bear no liability related to these communications.
5. - Proprietary RightsThe content and features of our website, including text, images, and design, are owned by the Used Book Company or its licensors and are protected by U.S. and international intellectual property laws. Trademarks displayed are owned by the Used Book Company or third parties. Use of any trademark without written permission is prohibited.
6. - External LinksOur website features external links for your convenience. We're not responsible for the accuracy or content of these sites and disclaim any liability for products or services obtained there. We don't endorse, verify, or vouch for linked sites. Interactions with third-party sites are at your own risk, and we cannot guarantee the security of any data shared. We advise caution and research when transacting with external sites and are not responsible for potential issues, including harmful elements on those sites.
7. - Prohibited ConductWhile using our site and services, please adhere to the following code of conduct:
7.1 - Lawfulness: Avoid any activities that breach local, national, or international laws.7.2 - System Access: Unauthorized access to our systems or non-public areas is prohibited.7.3 - System Disruption: Do not interfere with our site's operations or bypass security measures.7.4 - Respect for Rights: Ensure you don't infringe on copyrights, trademarks, or other proprietary rights. Share content responsibly.7.5 - Authenticity: Provide accurate registration details and avoid impersonation.7.6 - Safe Content: Refrain from distributing unsolicited communications or harmful software like viruses.7.7 - Respect & Civility: Harassment, threats, or privacy violations are unacceptable.7.8 - Content Guidelines: Avoid sharing defamatory, obscene, or harmful content.
Failure to comply may lead to restricted access. We reserve the right to investigate violations and take necessary actions to maintain our site's integrity.
7.1 - Lawfulness: Avoid any activities that breach local, national, or international laws.7.2 - System Access: Unauthorized access to our systems or non-public areas is prohibited.7.3 - System Disruption: Do not interfere with our site's operations or bypass security measures.7.4 - Respect for Rights: Ensure you don't infringe on copyrights, trademarks, or other proprietary rights. Share content responsibly.7.5 - Authenticity: Provide accurate registration details and avoid impersonation.7.6 - Safe Content: Refrain from distributing unsolicited communications or harmful software like viruses.7.7 - Respect & Civility: Harassment, threats, or privacy violations are unacceptable.7.8 - Content Guidelines: Avoid sharing defamatory, obscene, or harmful content.
Failure to comply may lead to restricted access. We reserve the right to investigate violations and take necessary actions to maintain our site's integrity.
8. Notice and Procedure for Making Claims of Copyright InfringementShould you hold the conviction that your original work has been replicated in a manner that infringes upon your copyright, kindly notify the Used Book Company's designated copyright agent with the written particulars as delineated below. Be aware that this procedure is solely for the purpose of notifying the Used Book Company of alleged copyright infringement of your protected material.
To lodge a claim of copyright infringement with us, please supply our appointed copyright agent with the following details:
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;-A description of the copyrighted work that you claim has been infringed upon;-A detailed account of where on our website the material that you claim is infringing is located;-Your address, telephone number, and e-mail address for contact purposes;-A statement by you expressing your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Remember, this protocol is strictly for alerting the Used Book Company of your claim that your copyrighted content may have been infringed.
Send the above information to : support@usedbookcompany.comOr, send it to the following address:
Used Book CompanyATTN: Copyright Agent16 Liberty Ave Egg Harbor Township, NJ 08234
To lodge a claim of copyright infringement with us, please supply our appointed copyright agent with the following details:
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;-A description of the copyrighted work that you claim has been infringed upon;-A detailed account of where on our website the material that you claim is infringing is located;-Your address, telephone number, and e-mail address for contact purposes;-A statement by you expressing your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Remember, this protocol is strictly for alerting the Used Book Company of your claim that your copyrighted content may have been infringed.
Send the above information to : support@usedbookcompany.comOr, send it to the following address:
Used Book CompanyATTN: Copyright Agent16 Liberty Ave Egg Harbor Township, NJ 08234
9. - Product Descriptions & PricingWe strive for accuracy in our product descriptions on the Site. However, we can't guarantee that all information is error-free. If a product isn't as described, you can return it within thirty (30) days for a replacement or refund. Shipping costs are included in the purchase price or calculated at checkout. While we aim to price items correctly, occasional errors may occur. If an item is priced higher than stated, we may reach out before shipping or may cancel and inform you of the cancellation.
10. - Privacy PolicyThe privacy practices that we follow when collecting and using personal information (“Personal Information”) and other information that you submit to us through the Site are described in our Privacy Policy, located at www.usedbookcompany.com/privacy-policy. By using the Sites, you consent to the collection and use of your Personal Information by us as described in the Privacy Policy.
11. - DisclaimerThe Sites and their contents are provided "as-is". The Used Book Company and our suppliers offer no explicit warranties about the Sites. To the extent allowed by law, we and our suppliers disclaim all implied warranties, such as merchantability, accuracy, timeliness, fitness for a specific purpose, or non-infringement. We can't ensure the Sites will be error-free, consistently reliable, or uninterrupted. Some jurisdictions may not accept certain warranty exclusions, so local laws may grant you extra rights.
12. - LIMITATION OF LIABILITYThe Used Book Company and its affiliates, licensors, service providers, and staff won't be liable for damages of any kind resulting from your use or inability to use the Site, linked sites, or any content or services accessed through them. This covers all damages, whether direct, indirect, consequential, or punitive, such as personal injury, emotional distress, lost profits, data loss, and more, regardless of how they arise or if they were foreseeable. Some jurisdictions may not allow such limitations, so this may not apply to you.
13. - IndemnificationYou commit to defend, indemnify, and protect the Used Book Company, its affiliates, licensors, and service providers, including their respective officials, directors, and employees, from claims, damages, losses, or expenses (like attorney's fees) arising from your breach of these Terms or your activities on the Website. This encompasses your Submissions, unauthorized use of Site content, or any information you derive from the Sites.
14. - Limitation on Time to File Claims
You must initiate any claim or action related to these Terms of Use or the Site within one (1) year from when it arose. After this period, the claim or action is irrevocably prohibited.
15. - Modification of the Sites or Terms of UseThe Used Book Company reserves the right to alter or discontinue the Sites' offerings, content, or terms without prior notice or consent. Your ongoing use of the Sites after changes signifies your acceptance of the updated terms.
16. - Conflict of TermsIn the event of a contradiction or conflict between the provisions within these Terms of Use and any other relevant terms, conditions, policies, or notices applicable to specific sections or modules of the Site, the Terms of Use, conditions, policies, or notices specific to those sections or modules of the Site will take precedence regarding your usage of those areas of the Site.
17. - Governing Law and JurisdictionThe utilization of the Sites is entirely governed by the laws of the State of New Jersey, United States of America, regardless of its principles of conflict of laws. The parties hereby agree that the courts within Atlantic County, New Jersey, United States of America, will hold exclusive jurisdiction over all disputes arising from this agreement and agree that these courts are the appropriate venue. The parties renounce any and all objections to such jurisdiction and venue, including but not limited to the doctrine of forum non-conveniens.
18. - International UseWe operate the Site from the United States, governed by U.S. law. Accessing from outside the U.S. means your data may be transferred to and processed in the U.S. The Used Book Company doesn't guarantee the Site is appropriate or available for use outside the U.S., and accessing them from territories where their content is illegal is prohibited. Those accessing the Site from outside the U.S. are responsible for compliance with local laws.
Data used or accessed from outside the U.S. may be stored and processed within the U.S. We ensure data protection measures are in place. By accessing the Site from outside the U.S., you agree not to do so if restricted by U.S. regulations, and you commit to adhere to relevant local laws. The Site shouldn't be used where they violate local laws or regulations.
Data used or accessed from outside the U.S. may be stored and processed within the U.S. We ensure data protection measures are in place. By accessing the Site from outside the U.S., you agree not to do so if restricted by U.S. regulations, and you commit to adhere to relevant local laws. The Site shouldn't be used where they violate local laws or regulations.
19. - SeverabilityIn the event that any clause of these Terms of Use becomes unenforceable or invalid within any jurisdiction due to voidness, illegality, or any other cause, such clause shall, only in that jurisdiction and only to the extent of its unenforceability or invalidity, be treated as null and void. The remaining clauses of these Terms of Use and any relevant policies and notices shall continue to be effective and enforceable.
20. - Waiver; Entire Agreement
Any waiver to these Terms must be in writing and signed by the Used Book Company to be effective. A single waiver won't imply waivers for future breaches. These Terms, combined with our Privacy Policy, represent the complete agreement between you and us, replacing all prior understandings, whether oral or written. Any changes to these Terms must be written and signed by both parties.
21. - TerminationYour access to the Site and your account may be terminated immediately and without notice from us if, in our sole discretion, you violate any clause of these Terms of Use. Upon termination, you must cease to use the Site and your account, and neither you nor any third party on your behalf may access or attempt to access the Site for any purpose.
22. - Suspension/MisuseIf a participant abuses the program or breaches these Terms of Use, the Used Book Company may take action, including, but not limited to, suspending usage.
23. - Dispute Resolution
EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using this Site, you agree that any claim, dispute, or controversy you may have against the Company or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with this Agreement this Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Egg Harbor Township, New Jersey, or at such other location as may be mutually agreed upon by you and the Company; (b) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
You agree that any claim against the Company arising out of this Agreement, your use of the Site, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
If the Company employs attorneys to enforce any rights arising out of or relating to these Terms of Use or to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. In the event that you bring any claims against the Company that are ultimately unsuccessful, you agree to reimburse the Company for any attorneys’ fees incurred in connection with the defense of the unsuccessful claims brought by you.
You hereby waive all right to initiate any class action lawsuit or arbitration against the Company, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against the Company. In the event that the Company brings any action against you to enforce any provision or right under these Terms of Use, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.
You agree that any claim against the Company arising out of this Agreement, your use of the Site, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
If the Company employs attorneys to enforce any rights arising out of or relating to these Terms of Use or to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. In the event that you bring any claims against the Company that are ultimately unsuccessful, you agree to reimburse the Company for any attorneys’ fees incurred in connection with the defense of the unsuccessful claims brought by you.
You hereby waive all right to initiate any class action lawsuit or arbitration against the Company, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against the Company. In the event that the Company brings any action against you to enforce any provision or right under these Terms of Use, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.