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Terms of Use


Our Terms of Use

Welcome to Bookbyte.com. Bookbyte.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Bookbyte.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Bookbyte.com service, or visit or purchase from any business affiliated with Bookbyte.com, whether or not included in the Bookbyte.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Notice, which also governs your visit to Bookbyte.com, to understand our practices.

Electronic Communication

When you visit Bookbyte.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bookbyte.com, Somerset Investments, Inc. or content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bookbyte.com and protected by U.S. and international copyright laws. All software used on this site is the property of Bookbyte.com or its software suppliers and protected by United States and international copyright laws. Any use of the materials on this site, including any commercial use, reproduction, modification, distribution, republication, display or performance, without the prior written permission of Bookbyte.com is strictly prohibited.

Trademarks

BOOKBYTE, BOOKBYTE.COM, BOOKBYTE Student Marketplace, and other marks indicated on our site are trademarks of Bookbyte.com or Somerset Investments, Inc. and may not be used, copied or imitated, in whole or in part, without express written consent from Bookbyte.com. Other Bookbyte.com graphics, logos, page headers, button icons, scripts, and service names are also trademarks or trade dress of Bookbyte.com and may not be used, copied or imitated, in whole or in part, without express written consent from Bookbyte.com or Somerset Investments, Inc. All other trademarks not owned by Bookbyte.com or its subsidiaries 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 Bookbyte.com or its affiliates.

Copyright Complaints

Bookbyte.com and its affiliates respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the company’s agent the following information, in writing:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon;

  2. Identification of the copyrighted work claimed to have been infringed upon or, if more than one, representative list;

  3. Identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site;

  4. Contact information, your name, address, telephone, and email address if available;

  5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent of the law and that you had authority to make such a statement;

  6. A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright’s owner’s behalf.

The company’s copyright agent for notice of claims of copyright infringement is:

Bookbyte.com-Copyright Agent
2800 Pringle Rd SE Suite 100
Salem, OR 97302
503-586-2100

copyright@bookbyte.com

License and Site Access

Bookbyte.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bookbyte.com. This license does not include or allow any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bookbyte.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bookbyte.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bookbyte.com's name or trademarks without the express written consent of Bookbyte.com. Any unauthorized use terminates the permission or license granted by Bookbyte.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bookbyte.com so long as the link does not portray Bookbyte.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Your Account

If you use this 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. Bookbyte.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bookbyte.com only with involvement of a parent or guardian. Bookbyte.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not, in the sole opinion of Bookbyte.com, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses. Political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is strictly prohibited on or through Bookbyte.com. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content.

If you do post content or submit material, you assign any and all rights to the material to Bookbyte.com. All submitted material shall become the sole property of Bookbyte.com and shall not be treated as confidential or proprietary to the visitor. Bookbyte.com shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bookbyte.com or its affiliates for all claims resulting from content you supply. Bookbyte.com has the right but not the obligation to monitor and edit or remove any activity or content. Bookbyte.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Textbook Rental

Bookbyte.com is willing to offer customers an upfront discount for entering into an agreement to sell Bookbyte back their book for a reduced buyback price at the end of the student's term of use. Entering into a Rental Agreement with Bookbyte is a separate contract and customers should review the Rental Agreement Terms and Conditions for the complete text of this agreement. When you accept the discount for your purchase, you accept to be bound to the terms and conditions of the Rental Agreement.

Risk of Loss

All items purchased from Bookbyte.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Bookbyte.com and its affiliates attempt to be as accurate as possible. However, Bookbyte.com does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Bookbyte.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price for used products shall be determined by Bookbyte.com, in its sole discretion. The List Price for all products is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by Bookbyte.com, Bookbyte.com reserves the right to change prices without notice and cannot confirm the price of an item until you order.

Other Businesses

Parties other than Bookbyte.com and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Bookbyte.com does not assume any responsibility or liability for the actions, product, and/or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY BOOKBYTE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOOKBYTE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOKBYTE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOKBYTE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BOOKBYTE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOOKBYTE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting Bookbyte.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bookbyte.com or its affiliates.

Disputes

Any dispute relating in any way to your visit to Bookbyte.com or to products you purchase through Bookbyte.com shall be submitted to confidential arbitration in Salem, Oregon, except that, to the extent you have in any manner violated or threatened to violate Bookbyte.com's intellectual property rights, Bookbyte.com may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association of Portland. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

Please review our other policies, such as our Seller Policy Page and Return Policy Page posted on this site. These policies also govern your visit to Bookbyte.com and are hereby incorporated into these Conditions of Use. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Termination

Notwithstanding any of these terms and conditions, Bookbyte.com reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent future access to any use of this website.

Our Address

Bookbyte.com 2800 Pringle Road SE Suite 100 Salem, OR 97302 http://www.bookbyte.com