The User
Agreement below is effective for all users on August
19, 2002.
User
Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH LAWBOOKTRADER.COM
OFFERS YOU ACCESS TO OUR SERVICES.
Welcome
to the User Agreement for LawBookTrader.com.
This Agreement describes the terms and conditions applicable
to your use of our services available under the domain and sub-domains
of www.LawBookTrader.com and the
general principles for the websites of our subsidiaries and
international affiliates. If you do not agree to be bound by
the terms and conditions of this Agreement, do not use or access
our services.
You must
read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy
Policy, which include those terms and conditions expressly
set out below and those incorporated by reference, before you
may become a member of LawBookTrader.com.
We strongly recommend that, as you read this User Agreement,
you also access and read the information contained in the other
pages and websites referred to in this document, as they may
contain further terms and conditions that apply to you as a
LawBookTrader.com user. Please note: underlined words
and phrases are links to these pages and websites. By accepting
this User Agreement, you also agree that your use of other LawBookTrader.com
websites will be governed by the terms and conditions posted
on those websites.
We may amend
this Agreement at any time by posting the amended terms on our
site. Except as stated below, all amended terms shall automatically
be effective 30 days after they are initially posted on our
site. In addition, we will notify you in accordance with your
Notification Preferences. This Agreement may not be otherwise
amended except in a writing signed by you and LawBookTrader.com.
This Agreement is effective on August
19th, 2002.
Membership
Eligibility.
Our services
are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing,
our services are not available to minors or to temporarily or
indefinitely suspended LawBookTrader.com
members. If you are a minor, you can use this service only in
conjunction with your parents or guardians. If you do not qualify,
please do not use our services. Further, your LawBookTrader.com
account (including feedback) 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
and purchasing items at LawBookTrader.com
is free. Our Fees and Credits Policy is available and is incorporated
by reference. We may change our Fees and Credits Policy and
the fees 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 announcements board. However, we may choose to temporarily
change our Fees and Credits Policy and the 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 announcements board. When you list an item you
have an opportunity to review and accept the fees that you will
be charged for the use of our listing services. 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 U.S. Dollars. You are responsible
for paying all fees associated with using our service and our
website and all applicable taxes.
LawBookTrader.com
is a Venue.
LawBookTrader.com
is not an Auctioneer. Our
site acts as a venue to allow anyone to offer, sell, and buy
just about any legal book, at anytime,
from anywhere, in a variety of pricing formats.
We are not involved in the actual transaction between buyers
and 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 items or the
ability of buyers to buy items. We cannot ensure that a buyer
or seller will actually complete a transaction.
Identity
Verification. We use many techniques to identify our users
when they register on our site. However, because user verification
on the Internet is difficult, LawBookTrader.com
cannot and does not confirm each user's purported identity.
Thus, we have established a user-initiated feedback system to
help you evaluate with whom you are dealing. We also encourage
you to communicate directly with potential trading partners
through the tools available on our site. You may also wish to
consider using a third party escrow service or services that
provide additional user verification.
Release.
Because we are a venue, in the event that you have a dispute
with one or more users, you release LawBookTrader.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. If you are
a California resident, you waive California Civil Code §1542,
which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
Information
Control. 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, and practice
safe trading when using our site. Please note that there are
also risks of dealing with underage persons or people acting
under false pretense. Additionally, there may also be risks
dealing with international trade and foreign nationals.
Buying.
As a buyer,
you are obligated to complete the transaction with the seller
if you purchase an item through one of our fixed price
formats
By purchasing
an item you agree to be bound by the conditions of sale included
in the item's description so long as those conditions of sale
are not in violation of this Agreement or unlawful. Purchases
are not retractable except in exceptional circumstances, such
as: when the seller materially changes the item's description
after you purchase; a clear typographical
error is made; you cannot authenticate the seller's identity;
or when the seller does not confirm your purchase in the LawBookTrader.com
area of our services. If you choose to bid on mature audience
items or items that are restricted to adult use, you are certifying
that you have the legal right to purchase such items.
Listing
and Selling.
Listing
Description. You must be legally able to sell the item(s)
you list for sale on our site. You must describe your item and
all terms of sale on the listing page of our site. Your listings
may only include text descriptions, graphics, pictures and other
content relevant to the sale of that item. All listed items
must be listed in an appropriate category.
Fraud.
Without limiting any other remedies, LawBookTrader.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 our site.
Manipulation. Neither you, bidders nor sellers may
manipulate the price of any item nor may you interfere with
other user's listings or transactions.
Your
Information.
Definition.
"Your Information" is defined as any information
you provide to us or other users in the registration, bidding
or listing process, in any public message area or through any
email feature. You are solely responsible for Your Information,
and we act as a passive conduit for your online distribution
and publication of Your Information.
Restricted
Activities. Your Information (or any items listed) and
your activities on the site shall not: (a) be false, inaccurate
or misleading; (b) be fraudulent or involve the sale of counterfeit
or stolen items; (c) infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (d) violate any law, statute, ordinance
or regulation (including, but not limited to, those governing
export control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) be obscene or contain
child pornography or, if otherwise adult in nature or harmful
to minors, shall be posted only in the Mature Audiences section
and shall be distributed only to people legally permitted to
receive such content; (g) contain any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data
or personal information; (h) create liability for us or cause
us to lose (in whole or in part) the services of our ISPs or
other suppliers; and (i) link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited
under this Agreement; (bb) are identical to other items you
have up for auction but are priced lower than your item's reserve
or minimum bid amount; (cc) are concurrently listed for sale
on a web site other than LawBookTrader.com's
(this does not prevent linking to or advertising an LawBookTrader.com
item from another web site); or (dd) 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 or
the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our
current Prohibited, Questionable and Infringing Items.
License.
Solely to enable LawBookTrader.com
to use the information you supply us with, so that we are not
violating any rights you might have in that information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but
no other rights) you have in Your Information, in any media
now known or not currently known, with respect to Your Information.
LawBookTrader.com will only use
Your Information in accordance with our Privacy
Policy.
Access
and Interference.
Our web site contains robot exclusion headers and you agree
that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine
to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the LawBookTrader.com
site or any activities conducted on our site. You agree that
you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of
the information on our site is updated on a real time basis
and is proprietary or is licensed to LawBookTrader.com
by our users or third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly
display any content (except for Your Information) from our website
without the prior expressed written permission of LawBookTrader.com
or the appropriate third party.
Feedback.
Integrity.
You may not take any actions that may undermine the integrity
of the feedback system. If you earn a net feedback rating of
-4 (minus four), your membership may be suspended, and you may
be unable to list or bid.
Export.
You acknowledge that your feedback consists of comments left
by other users and a composite feedback number compiled by LawBookTrader.com,
and that the composite number without the comments does not
convey your full user profile. Because feedback ratings are
not designed for any purpose other than for facilitating trading
between LawBookTrader.com users,
you agree that you shall not market or export your LawBookTrader.com
feedback rating in any venue other than anLawBookTrader.com
operated website.
Import.
We do not provide you the technical ability to import feedback
from other (non-LawBookTrader.com
operated) websites to LawBookTrader.com
because a composite number, without the corresponding feedback
does not reflect your true online reputation within our community.
Breach.
Without
limiting other remedies, we may immediately remove your item
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.
Privacy.
We do not
sell or rent your personal information to third parties for
marketing purposes without your consent and we only use your
information as described in the Privacy
Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and your
information is one of our most important assets. We store and
process your information on computers located in the United
States that are protected by physical as well as technological
security devices. We use third parties to verify and certify
our privacy principles. Our current Privacy
Policy is available. If you object to your Information being
transferred or used in this way please do not use our services.
No
Warranty.
WE, OUR
SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE
AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, 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.
Liability
Limit.
IN NO EVENT
SHALL WE, OUR SUBSIDIARIES, 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, 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.
Indemnity.
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.
Legal
Compliance.
You shall
comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our
service and your listing, purchase, solicitation of offers to
purchase, and sale of items.
No
Agency.
You and
LawBookTrader.com are independent
contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created
by this Agreement.
Notices.
Except
as explicitly stated otherwise, any notices shall be given by
postal mail to LawBookTrader.com.
Attn: Legal Department 9011 Montrose Way,
San Diego, CA 92122
or to the email address you provide to LawBookTrader.com
during the registration process (in your case). Notice shall
be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and
return receipt requested, to the address provided to LawBookTrader.com
during the registration process. In such case, notice shall
be deemed given 3 days after the date of mailing.
Arbitration.
Any legal
controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by LawBookTrader.com
to collect our fees and/or recover damages for, or obtain an
injunction relating to, the LawBookTrader.com
site operations, intellectual property, and our services, shall
be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted in San Diego,
California, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or LawBookTrader.com
may seek any interim or preliminary relief from a court of competent
jurisdiction in San Diego, California
necessary to protect the rights or property of you or LawBookTrader.com
pending the completion of arbitration. Should either party file
an action contrary to this provision, the other party may recover
attorney's fees and costs up to $1000.00.
Additional
Terms.
The following
policies are incorporated into this Agreement by reference and
provide additional terms and conditions related to specific
services offered on our site:
Each of
these policies may be changed from time to time and are effective
immediately after we post the changes on our site, except for
the Privacy Policy for which
we will provide you with thirty days prior notice. In addition,
when using particular services on our site, you agree that you
are subject to any posted policies or rules applicable to services
you use through our site, which may be posted from time to time.
All such posted policies or rules are hereby incorporated by
reference into this Agreement.
General.
This Agreement
shall be governed in all respects by the laws of the State of
California as such laws are applied to agreements entered into
and to be performed entirely within California between California
residents. We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our 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 LawBookTrader.com, in our sole
discretion, to a third party in the event of a merger or acquisition.
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, 3.4 (Release), 6.3 (License), 7 (Access
and Interference), 12 (Liability Limit), 13 (Indemnity) and
17 (Arbitration) shall survive any termination or expiration
of this Agreement.
Disclosures.
The services
hereunder are offered by LawBookTrader.com,
located at 9011 Montrose
Way, San Diego, CA 92122.
If you are a California resident, you may have this same information
emailed to you by sending a letter to the foregoing address
with your email address and a request for this information.
Commercially available parental control protections (such as
computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material
that is harmful to minors. If you are interested in learning
more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm
or other analogous sites providing information on such protections.
The preceding link is provided for information purposes only,
and is not intended as an endorsement of WorldVillage.com's
Internet site, services, or policies. LawBookTrader.com
is not affiliated with WorldVillage.com.
Disputes
between you and LawBookTrader.com
regarding our services may be reported to Customer Support by
going to http://www.LawBookTrader.com.
We encourage you to report all user-to-user disputes to your
local law enforcement, postmaster general, or a certified mediation
or arbitration entity.
Additionally,
you may report complaints to the Complaint Assistance Unit of
the Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at 400 R Street, Sacramento,
CA 95814, or by telephone at (800) 952-5210.