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:
-
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;
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Identification of the copyrighted
work claimed to have been infringed upon or, if more than one, representative
list;
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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;
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Contact information, your name, address, telephone, and email address if available;
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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;
-
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, and you have the
responsibility to purchase shipping insurance, if you so desire.
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