If you open an account or register to use the Sites, you are required to select a password and user name, which shall consist of an email address that you provide. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are responsible for safeguarding any password that you use to access any areas of the Sites. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Better World Books of any unauthorized use of your password. You shall be responsible for any and all fees and charges incurred under your account or using your password, whether or not incurred by you or a third party, with or without your authorization. You agree to reimburse us for all costs and expenses, including, without limitation, attorneys, fees and collection fees, incurred by us in our efforts to collect any outstanding balance from you. We reserve the right to refuse registration of, or cancel your account at our sole discretion.
Age of Users
All communications, comments, feedback, bug reports, suggestions, ideas, content, and other submissions submitted to Better World Books through the Sites (collectively, “Submissions”) shall be and remain Better World Books’ property with all worldwide rights, titles and interests in all copyrights and other intellectual property in such Submissions hereby being assigned to Better World Books by you. All Submissions, as well as all communications made by you through the Sites, including, without limitation, blog and chat messages shall not (i) be illegal, defamatory, trade libelous, threatening, invasive of privacy or harassing; (ii) be obscene or contain any pornography; (iii) contain any software viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iv) infringe upon any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (v) consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”; or (vi) otherwise create or result in any liability for Better World Books. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. Better World Books reserves the right (but has no obligation) to remove or edit any such Submissions. Better World Books has no responsibility and assumes no liability for any Submissions posted on the Sites by you or any third party.
When 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 Sites. 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.
We and/or third parties may, from time to time, send email messages to you containing advertisements and/or promotions. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH EMAIL MESSAGES OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.
By making a purchase from the Sites, you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including, without limitation, for purposes of fraud prevention, vendor direct shipping and credit card authorization.
The Sites and their entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Better World Books, its licensors or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Sites are registered and unregistered trademarks of Better World Books and/or its third-party licensors or partners. Nothing contained on the Sites should be construed as granting you any license or right to use any trademark without the prior written permission of Better World Books.
The Sites contains links to other websites on the Internet. We provide these links for your convenience only, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Sites. We cannot ensure that you will be satisfied with, and we hereby disclaim any and all liability and responsibility with regard to, any products or services that you purchase from a third-party website that links to or from the Sites or third-party content on our Sites. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In addition, we disclaim all warranties express or implied, as to the accuracy, legality, reliability or validity of any content on any such website, or that such website will be free from viruses or other harmful elements.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Better World Books’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Better World Books that your copyrighted material has been infringed.
- 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 description of where the material that you claim is infringing is located on the Sites, including the ISBN if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a 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.
Better World Books’ copyright agent’s address for purposes of notices of claims of copyright infringement on the Sites is as follows:
Better World Books
55740 Currant Road
Mishawaka, IN 46545
Better World Books attempts to be as accurate as possible with regard to the descriptions of books and other products that it sells on the Sites. However, Better World Books does not warrant that such descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. If a product offered by Better World Books is not as described on the Sites, your sole remedy is to return it, in the same condition as received, either for replacement with the same or a comparable product or for a refund within 30 days after receipt.
The cost of shipping, based on the “Ship To” address, is built in to the purchase price of the book. In addition, we make reasonable efforts to accurately price all books and other products offered on the Sites; however, despite our best efforts, a small number of the items may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
WE PROVIDE THE SITES AND ITS CONTENTS “AS IS.” WE AND OUR SUPPLIERS MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SITES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BETTER WORLD BOOKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER LINKED WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
Better World Books reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Sites is offered and/or the products, services, features, links, content, information and any other materials are offered via the Sites, at any time and from time to time, without notice or further obligation to you. By continuing to access or use the Sites after Better World Books makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates (as applicable).
Conflict of terms
Governing Law and Jurisdiction
Use of the Sites shall in all respects be governed by the laws of the State of Georgia, U.S., without regard to its conflicts of law principles. The parties agree that the courts located in Fulton County, Georgia, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts and waive any and all objections to such jurisdiction and revenue, including, without limitation, forum non-conveniens.
Waiver; Entire Agreement