Welcome to the Books With a Past (bookswithapast.com) web site (the "Site"). Books With a Past and the brands available on our site (the "Site Brands") provide the products and services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing and using the Site, you are acknowledging that you have read, understand, accept without limitation or qualification and agree to be bound by, these Terms and Conditions.
2. Product Descriptions
Books With a Past and the Site Brands attempt to be as accurate as possible when describing products; however, neither Books With a Past nor the Site Brands warrant that product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.
3. Intellectual Property
All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content") are the property of Books With a Past, the Site Brands, or their respective content suppliers and technology and service providers ("Providers"), and are protected by United States and International copyright laws. The compilation of all content on this Site is the exclusive property of Books With a Past and protected by United States and international copyright laws.
The other trademarks, logos, service marks, trade names and trade dress displayed on the Site (collectively the "Trademarks") are the registered and unregistered marks of Books With a Past or the Site Brands. All other trademarks not owned by Books With a Past or the Site Brands that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by bookswithapast.com or the Site Brands.
Except as set forth in the limited license in Section 4 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of Books With a Past.
4. Limited License
Books With a Past grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You may not frame or utilize framing techniques to enclose the Site or any portion thereof without Books With a Past's prior written consent.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site’s home page so long as the link does not portray Books With a Past or any Site Brands in a false, misleading, derogatory or otherwise offensive manner. You may not use Books With a Past’s logo, registered trademark or any other proprietary graphic, trademark or service mark without the express written consent of Books With a Past. Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4.
5. Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the Site. bookswithapast.com and the Site Brands reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in their sole discretion.
6. Third Party Links
Books With a Past, the Site Brands and the Providers are not responsible for the content of any off-Site pages or any other sites linked to the Site. Links appearing on the Site are not an endorsement by bookswithapast.com or the Site Brands of the referenced content, product, service, or supplier. Your linking to or from any other off-Site pages or other sites is at your own risk. Books With a Past, the Site Brands and the Providers are not in any way responsible for examining or evaluating, the offerings of off-Site pages or any other sites linked to the Site, do not expressly or impliedly warrant such offerings of such pages or sites, and hereby disclaim any such warranty, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use, privacy statements and other information of all off-Site pages and sites. Books With a Past, the Site Brands and the Providers hereby disclaim and shall not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Site links on this Site, nor be responsible or liable for any computer viruses, system failure, malfunction, or other adverse consequence which may arise out of or relate to hyperlink to third party sites.
7. Unsolicited Idea Submission
You acknowledge and agree that Books With a Past and the Site Brands are free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever, including but not limited to developing, manufacturing, distributing and marketing products or services using such information, without compensation to you.
This Site is not intended for children under the age of 18. If you are under 18, you may use the Site only with the consent and participation of a parent or guardian.
9. Product Sales and Availability; Pricing
All products displayed on this site will be delivered only within the United States. All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the United States. Books With a Past reserves the right without prior notice to discontinue or change specifications or prices on products and services offered on this site without incurring any obligations. As to Books With a Past products only, your credit card is not charged until your order has been placed in our shipping process. In the event the price has changed since the time of your order, or if we have made an error in the price shown on the Site, then (a) if the product’s or service’s actual (i.e. correct) price is lower than the stated price, you will be charged the lower amount, and (b) if the actual price is higher than the stated price, we will, in our sole discretion, either contact you to determine whether you wish to continue with the order or cancel your order and notify you of such cancellation.
10. Inventory Availability and Back Orders
Inventory information is available for all products. This information can be used to estimate the likelihood that a product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a product listed as "in stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will use our best efforts notify you via email.
Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. bookswithapast.com will attempt to get the item(s) back in stock as soon as possible. If we haven't been able to locate and ship the item(s) to you in 30 days, an order status email will be sent to you. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order, notify you via email, and delete the item from the Site's product offerings. Note: we will never charge your credit card until the item ships. Your credit card needs no adjustment upon order cancellation. If you paid by check or money order and have cancelled your order, bookswithapast.com will automatically issue you a refund check. This check will be mailed via the U.S. Postal Service to the billing address listed in your bookswithapast.com account.
11. Disclaimer of Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS” AND “AS AVAILABLE” NEITHER BOOKS WITH A PAST NOR THE SITE BRANDS OR ANY OF THE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SITE, THE OPERATION OF THE SITE OR ITS CONTENT INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT NEITHER BOOKS WITH A PAST NOR THE SITE BRANDS OR ANY OF THE PROVIDERS WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, NEITHER bookswithapast.com NOR THE SITE BRANDS OR ANY OF THE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BOOKS WITH A PAST, THE SITE BRANDS AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL bookswithapast.com AND THE SITE BRANDS' AND THE PROVIDERS' MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, YOU MAY HAVE FURTHER RIGHTS, BUT IN ALL CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification of Books With a Past and Site Brands
You agree to defend, indemnify and hold harmless Books With a Past, the Site Brands and the Providers for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your use of the Site.
Any dispute, claim or controversy arising from your use of the Site or these Terms and Conditions (other than an action pertaining solely to whether amounts due and payable to Books With a Past were actually paid and received) shall be resolved exclusively by binding arbitration in Seattle, Washington and shall be governed by the internal laws of the State of Washington without regard to conflict of law principles. You consent to any such dispute to mandatory and binding arbitration in Seattle, Washington under the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that the American Arbitration Association shall not administer any arbitration under this Agreement. The arbitration shall be conducted by an arbitrator who shall be selected in the following manner: (x) by agreement of the parties in dispute; or (y) if the parties in dispute cannot agree on an arbitrator within fourteen (14) days of delivery and receipt of the Arbitration Notice, the parties shall petition a court of competent jurisdiction to select the arbitrator, which judicial proceeding shall take place in a court located in Seattle, Washington. If for any reason this arbitration provision is not enforceable, then you agree that venue in any court action will be in Seattle, Washington, and that the internal laws of the State of Washington without regard to conflict of law principles shall apply.
Books With a Past reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such changed terms and conditions (together with all existing and unchanged Terms and Conditions). Books With a Past may, with or without notice, terminate your rights to use the Site as granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the you and Books With a Past or the Site Brands. The failure of Books With a Past to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Books With a Past of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Books With a Past may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Books With a Past as reflected in the original provision. The headings used in these Terms and Conditions are for convenience only, and are not a part of the Terms and Conditions and shall not be used to interpret any provision.
If you have any questions regarding these Terms and Conditions, please contact firstname.lastname@example.org