©2005, 2006, 2007, 2008, 2009, 2010 Pacific Book Exchange, LLC
This User Agreement is effective Jan. 1, 2006.
This User Agreement describes the terms and conditions applicable to persons who wish to use the services offered by Pacific Book Exchange, LLC.
Pacific Book Exchange, LLC is a registered limited liability company in the state of California.
You must read and agree with all of the terms listed in this User Agreement and our Privacy Policy to be able transact business with us. This User Agreement cannot otherwise be amended except in writing, signed both by you and a managing member of Pacific Book Exchange, LLC.
Our services are available only to, and may only be used by, persons who can form legally binding contracts under California law.
You must be over the age of 18 to use our services.
You must be the legal owner of all books that you offer to us for sale, and you represent and warrant that there are no liens or claims of any kind against such books.
If you register with us as a business entity, you represent and warrant that you have the authority to bind the entity to our User Agreement and Privacy Policy.
You must reside or be domiciled in the United States of America, and must ship your books to us from within the United States.
Pacific Book Exchange, LLC is not obligated to purchase the books that you tender to us. Which books, and how much we will pay for them, is solely within our discretion.
If you choose to create an account with Pacific Book Exchange, LLC, you will be asked to create a member name and a password that will allow you to access your account. It is your responsibility to maintain the confidentiality of your account and you will be held responsible for all activities that occur within your account. Pacific Book Exchange, LLC will never ask for your sensitive information, such as password, credit card number, or bank account number through email. Forward any suspicious looking emails asking for such information to customerservice@bluerectangle.com.
You also agree to notify Pacific Book Exchange, LLC immediately of any unauthorized use of your account.
Much of the information on our website is proprietary or is licensed to Pacific Book Exchange, LLC. You agree that you will not use any robot, spider, scraper, or other automated means to access our website for any purpose without our prior, written permission.
Additionally, you agree that you will not:
Pacific Book Exchange, LLC may permit advertisements on its website from third parties or links to other sites and resources on the Internet. We have no control over such linked sites, resources, and advertisers and you agree that Pacific Book Exchange, LLC is not responsible for the availability of such external sites, resources, or advertisements.
Pacific Book Exchange, LLC does not endorse, and cannot be held responsible or liable for, any content, advertising, or other material on or available from these sites, resources, links, or advertisements. You agree that Pacific Book Exchange, LLC, our subsidiaries, officers, directors, members, employees, contractors, agents, and suppliers are not responsible or liable, directly or indirectly, for any damages or loses from these sites, resources, or advertising.
Pacific Book Exchange's name and logo are registered trademarks in the United States of America. All data and material on our website is protected by copyright as a collective work or compilation under the copyright laws of the United States. We generally do not permit the use of our name or logo by third parties absent a written license agreement, nor do we permit the use of the Pacific Book Exchange, LLC name or logo on any type of promotional materials, flyers, or websites. You may not link to our website without our prior, written permission.
Pacific Book Exchange's policy prohibits falsifying or omitting your name, address, telephone number, email address, other personal information, or providing information that does not accurately and completely reflect the books that you seek to sell to us. Violation of this policy may result in the indefinite suspension of your account, temporary suspension, or permanent prohibition of your use of our services, and may result in referral to appropriate law enforcement agencies and/or civil litigation.
This User 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 without regard to any provision of California law that would require or permit the application of the substantive law of any other jurisdiction.
You agree to comply with all applicable domestic, state, federal and international laws, statues, ordinances, and regulations regarding your use of our services.
You are responsible for any legality associated with your sale of books to us, including, but not limited to, all applicable taxes.
You and Pacific Book Exchange, LLC are vendor and vendee, and no agency, partnership, joint venture, employee-employer, contractor, or franchiser-franchisee relationship is intended or created by our User Agreement.
We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.
ACCORDINGLY, WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES ON AS IS BASIS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY CAUSES OF ACTION, GENERAL DAMAGES, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS, LOSS OF DATA, OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, OUR SERVICES, ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.00.
You agree that Pacific Book Exchange, LLC may use the information you supply us 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, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in all information that you provide to us, in any media now known or not currently known, with respect to such information. Pacific Book Exchange, LLC will only use the information that you provide to us in accordance with our Privacy Policy.
You agree to indemnify and hold us and (as applicable) our subsidiaries, officers, directors, members, employees, contractors, agents, or suppliers harmless from any claim or demand, including reasonable fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
If a dispute arises between you and Pacific Book Exchange, LLC, we will use our best efforts to resolve the dispute. If we are unable to resolve the dispute, you agree that any claim or controversy at law or equity that arises out of this User Agreement or our services ("Claims") shall be resolved by filing suit in the Superior Court of California, Small Claims Court of the County of Alameda, located at the Hayward Hall of Justice, 24405 Amador Street, Hayward, CA 94544. You agree to submit to the personal jurisdiction of this court.
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Pacific Book Exchange, LLC
Attn: Legal Department
P.O. Box 2710
Alameda, CA 94501
or to the e-mail address you provide to Pacific Book Exchange, LLC (in your case). Notice shall be deemed given to you 24 hours after e-mail is sent, unless we are 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 that you have provided to us. In such case, notice shall be deemed given three days after the date of mailing.
Our User Agreement may be changed from time to time, and any such changes are effective immediately after we post the changes on our website. You agree to abide by and be bound by any such revisions or changes.
In addition, when using particular services on our website, you agree that you are subject to any posted policies or rules applicable to services you use through our website, which may be posted from time to time on other pages of our website. All such posted policies or periodically, including the current version of this User Agreement, which is available on our website, to be aware of any changes to this User Agreement. If you do not agree with any change to this User Agreement, you may refrain from engaging in any future transactions with Pacific Book Exchange, LLC.
If any clause or provision of this Agreement is held to be invalid or unenforceable, such clause or provision shall be struck without invalidating the remainder of any provision containing the invalidated clause or invalidating the remaining provisions of this Agreement, which shall all remain enforceable.
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 User Agreement sets forth the entire rights, obligations, and responsibilities between you and us with respect to the subject matter hereof.