The User Agreement below is effective for all users on November 9, 2006.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH MYBOOKEXCHANGE.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for MyBookExchange.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.MyBookExchange.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
If you have any questions, please contact us via e-mail; user@MyBookExchange.com.
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. This Agreement may not be otherwise amended except in a writing signed by you and MyBookExchange.com. This Agreement is effective on September 1, 2006 for all users.
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 MyBookExchange 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 MyBookExchange 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.
There is no fee associated with becoming a member of MyBookExchange.com. There is a fee of $2.00 for each book that is requested. We may change our 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 page. However, we may choose to temporarily change our Fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the MyBookExchange.com web 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 U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
MyBookExchange is a Venue.
3.1 Our site acts as a venue to allow anyone to list and request books, at anytime, from anywhere. There is no selling or buying on our site. Members are able to exchange books with other members as long as they have at least two books listed at all times on the MyBookExchange.com web site. We are not involved in the physical exchange of books between members. As a result, we have no control over the quality, safety or legality of the books listed, or the truth or accuracy of the listings. We cannot ensure that a member will actually complete an exchange.
3.2 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, MyBookExchange.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 other members you wish to exchange books with.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release MyBookExchange.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.
3.4 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 exchanging 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.
Requesting a Book.
As a MyBokExchange.com member, you are allowed to request an unlimited number of books. However, MyBookExchange.com may monitor your request activity for the purpose of identifying usage abuse. MyBookExchange.com is a "pure" book exchange site. This means that there is neither selling nor buying on the site. As a result, if you request a book from another member, you are not obligated to take the book from said member. However, as a general rule, we encourage that you not request a book unless you are certain that you want that book. If you request a book from another member, you must be legally able to pay for the shipping and handling of said book(s). MyBookExchange.com does not guarantee that a member will send a requested book, and as such, MyBookExchange.com is not responsible for a user not sending said requested book. Subsequently, you agree to not hold MyBookExchange.com responsible if you do not receive a book you requested from another listing member.
Listing a Book.
5.1 You must be legally able to package and ship the books you list on our site. All listed books must be listed in an appropriate category. You should also be able to inform the member requesting the book of the appropriate shipping and handling fees if applicable.
Book List Maintenance
5.2 As a MyBookExchange.com member, you agree to maintain the books that you list on the MyBookExchange.com web site. You must remove books from the MyBookExchange.com web site that are no longer available for exchange. Failure to not properly maintain your book list may lead to a suspension of your membership.
5.3 Fraud. Without limiting any other remedies, MyBookExchange.com may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. This includes shipping and handling overcharging.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, requesting 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.
6.2 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 exchange of counterfeit or stolen books; (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, anti-discrimination 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 not be posted on the MyBookExchange.com web site; (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 books that: (aa) are prohibited under this Agreement.
Access and Interference.
If at any time our web site contains robot exclusion headers, 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 MyBookExchange.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 MyBookExchange.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 MyBookExchange.com or the appropriate third party.
8.1 Integrity. In the event that we implement a feedback system, you may not take any actions that may undermine the integrity of the feedback system.
8.2 Export. In the event that MyBookExchange.com creates a 'User Feedback' program, you acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by MyBookExchange.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 MyBookExchange.com members, you agree that you shall not market or export your MyBookExchange.com feedback rating in any venue other than an MyBookExchange.com operated website.
8.3 Import. We do not provide you the technical ability to import feedback from other (non-MyBookExchange.com operated) websites to MyBookExchange.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without limiting other remedies, we may 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, 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.
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.
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 listing, requesting, and exchanging of books.
You and MyBookExchange.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 MyBookExchange.com. Attn: Legal Department 7378 W. Atlantic Blvd., 233, Ft. Lauderdale, FL 33063 (in the case of MyBookExchange.com) or to the email address you provide to MyBookExchange.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 MyBookExchange.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by MyBookExchange.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the MyBookExchange.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 Ft. Lauderdale, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or MyBookExchange.com may seek any interim or preliminary relief from a court of competent jurisdiction in Ft. Lauderdale, Florida necessary to protect the rights or property of you or MyBookExchange.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.
The following policy is incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida 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 MyBookExchange.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, 3.3 (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.
The services hereunder are offered by MyBookExchange.com,7378 W. Atlantic Blvd., Margate, FL 33063. If you are a Florida 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. Fees for our services are described at http://www.MyBookExchange.com/index.asp.
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/htm/control.asp 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. MyBookExchange.com is not affiliated with WorldVillage.com.
Disputes between you and MyBookExchange regarding our services may be reported to Customer Support by going to http://www.MyBookExchange.com/contactus.asp. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
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