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To use the Web site, the user expressly acknowledges that Books4Exchange.com or the institution makes no warranties or representation regarding the content of the Web site.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BOOKS4EXCHANGE.COM OFFERS YOU ACCESS TO OUR SERVICES.
Books4Exchange.com is a joint venture between EDge Interactive and Places4Students Inc.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Books4Exchange.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.books4exchange.com (the "Site") and the general principles for the Web site. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Books4Exchange.com. This Agreement is effective upon acceptance in registration for new registering landlords, and is otherwise effective on December 1st, 2004, for all users.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or temporarily or indefinitely suspended Books4Exchange.com sellers. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Books4Exchange.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining Books4Exchange.com is free. Storing your used book ads is free. We do charge fees for used book ads for sale through our site and when you submit for posting online. You will have an opportunity to review and accept the fees that you will be charged. We may change for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US and Canadian dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Books4Exchange.com is a Venue
The Site acts as a venue to allow anyone to advertise a used book for sale, at anytime, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and the sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell their used books or the ability of buyers to pay for the items. Please refer to the applicable legislation in your jurisdiction (i.e. your rights and obligations there under). We cannot ensure that a buyer or seller will actually complete a transaction or the financial viability/soundness of either buyer or seller.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Books4Exchange.com cannot and does not confirm each user's purported identity. We also encourage you to communicate directly with potential buyers or sellers through the tools available on the Site. You may also wish to consider using a third party lawyer service or services that provide additional user verification.
Because we are a venue, in the event that you have a dispute with one or more users, you release Books4Exchange.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and Books4Exchange.com is not responsible for the acts or omissions of users on the Site.
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of the sale on the listing page of the Site. Your listings may only include text descriptions, pictures and other content relevant to the sale of the used book. All listed used books must be listed in an appropriate category. All properties in multiple item listings must be identical.
Without limiting any other remedies, Books4Exchange.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Neither you, the buyers nor sellers may manipulate the sale price of any book nor may you interfere with other sellers listings.
"Your Information" is defined as any information you provide to us or other users in the registration or listing process or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information (or any books listed) and your activities on the Site shall not:
be false, inaccurate or misleading; be fraudulent or involve the sale of stolen properties; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, consumer protection, unfair competition, antidiscrimination or false advertising); be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography that may be harmful to minors; contain any viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement; are identical to other books you have up for sale but are priced lower than your item's sale price; are concurrently listed for sale on a Web site other than Books4Exchange.com (this does not prevent linking to or advertising an Books4Exchange.com item from another Web site); or you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current policies.
Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Books4Echange by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Books4Exchange.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your book listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "OR AN AS IS BASIS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or province to province.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and Books4Exchange.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Books4Exchange.com. Attn: Legal Department 67 Mowat Ave., Suite 533, Toronto M6K 3E3 (in the case of Books4Exchange.com.) or to the e-mail address you provide to Books4Exchange.com during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Books4Exchange.com during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Books4Exchange.com, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Books4Exchange.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Books4Exchange.com may elect to resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Toronto, ON, or where the defendant is located (in your case your home address or principal place of business). You and Books4Exchange.com agree to submit to the personal jurisdiction of the courts located within the Toronto, Ontario.
Alternative Dispute Resolution
Alternatively, Books4Exchange.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Toronto, Ontario or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 16, the other party may recover attorneys' fees and costs up to $1,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Listing Policies for Sellers
Postings that violate Niagara Region policies may result in disciplinary action. Disciplinary action may include a formal warning, the ending of all violating listings, temporary or indefinite suspension of a seller's account. Books4Exchange.com will consider the circumstances of the alleged offence and the seller's posting records before taking disciplinary action. Books4Exchange.com reserves the right not to reimburse associated fees when a listing is removed.
Seller Book Misrepresentation
Not meeting the book description that is outlined on the listing ad is prohibited. Disciplinary action may include a formal warning, the ending of all violating listings, temporary or indefinite suspension of a seller's account.
Books4Exchange.com does not sell or rent your personal information to third parties for their marketing purposes without explicit consent.
Books4Exchange.com policy prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This includes but is not limited to; offensive user names, e-mail addresses, book ad content and pictures.
Books4Exchange.com policy does not allow sellers to post identical listings within the same school. Sellers are permitted to post a duplicate ad on additional schools sites provide they have paid the appropriate listing fees.
Books4Exchange.com policy prohibits users from sending spam. Spam is defined as e-mail that is both unsolicited and is commercial in nature.
False Contact Information
Books4Exchange.com policy prohibits falsifying or omitting your name, address, and/or telephone number (including use of fax machines or disconnected numbers). Disciplinary action may result in the indefinite suspension of a seller's account, temporary suspension, or a formal warning. Books4Exchange.com will consider the circumstances of an alleged offence and the user's trading records before taking action.
Scripts used to drop or read a cookie on any Books4Exchange.com page
Internet links are not permitted on book listings.
Books4Exchange.com policy prohibits the use of photos that are racist, hateful, sexual or obscene in nature in a public area.
Withdrawn from Site
Books4Exchange.com prohibits users who are currently suspended for advertising offences from registering new accounts or participating on the Books4Exchange.com site using associated registrations. If you suspect that a seller is advertising on the Books4Exchange.com site is connected to a suspended account, report the member. By providing the User ID of the suspended member as well as the User ID that is currently being used.
After receiving your report, Books4Exchange.com will consider the circumstances of the alleged offence. Disciplinary action may result in a formal warning, a temporary suspension, or an indefinite suspension. If a complaint cannot be proven with certainty, it is possible that no action will be taken. Due to privacy issues, Books4Exchange.com will be unable to discuss the result of the investigation.
Copyright & Trademarks Books4Exchange.com name and logo are registered trademarks in Canada and the United States and many other countries. We generally do not permit the use of the Books4Exchange.com logo by third parties absent a written license agreement. We usually do not permit the use of the Books4Exchange.com logo on any type of promotional materials, flyers or Web sites, or in your book listings.
This Agreement shall be governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Books4Exchange.com in accordance with Section 15 "Notices", in our sole discretion; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.2 (Release), 6.3 (License), 7 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by Books4Exchange.com, located at 67 Mowat Ave., Suite 533, Toronto, Ontario M6K 3E3 Canada
Disputes between you and Books4Exchange.com regarding our services may be reported to Customer Support by e-mailing firstname.lastname@example.org. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. Books4Exchange.com does pr compliance by the Seller with respect to warranty, applicable legislation in your jurisdiction regarding legality of sale, and representation of any kind made by the Seller.