TERMS OF SERVICE BETWEEN USER AND ETEXTSHOP.COM

The world wide web site at www.etextshop.com and all of its sub-pages (collectively, the “Site”) are owned and operated by etextshop.com, a Utah Limited Liability Company (the “Operator”).

The Site is offered to You, the User (alternately referred to as “You”, “Your” or “User”) conditioned on Your acceptance without modification of the terms, conditions, and notices (collectively, the “Terms”) contained herein. Your use of the Site constitutes Your agreement to all such Terms regardless of whether You make a purchase from the Site. If You do not accept the Terms, Your sole and exclusive remedy is to cease using the Site.

MODIFICATION OF THESE TERMS OF USE

The Operator reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to changes in return policies and methods of payment.

LINKS TO THIRD PARTY SITES

The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of the Operator and the Operator is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Operator is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by the Operator of the site or any association with its operators.

Some of the Linked Sites may contain offensive or adult-oriented material, other objectionable content or even dangerous computer viruses. It is the User's responsibility to determine the User’s own threshold for such objectionable or harmful material. The Operator assumes no responsibility for the content of any Linked Site nor liability for any contamination or damage a User sustains as a result of entering a Linked Site. The User proceeds at his or her own risk.

In cases where the User purchases a product from a Linked Site, the User acknowledges that the Operator is not the supplier of the product. Consequently, in the event of a dispute arising out of the purchase of product from a Linked Site, the User releases the Operator, its agents 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.

Though the Operator is committed to protecting the privacy of personal information submitted by Users to the Site, and does not share such information with third parties, the Operator has no control over information submitted by users directly to third parties at Linked Sites and accept no liability for the use by Stores of such information.

LINKS FROM THIRD PARTY SITES

If You would like to link to the Site, You must contact the Operator and obtain written consent to do so. Unless specifically authorized by the Operator, You may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

PURCHASE AND SALE OF TEXTS

One of the principal functions of this Site is to sell and purchase used textbooks to and from students who will use the texts in their courses. The User understands and accepts the risks inherent in the used book trade, including but not limited to missing pages, defaced or illegible pages, incorrect versions, limited availability, delayed shipping, and other challenges associated with the trade. The User nevertheless accepts these risks and agrees that should any damages arise out of the purchase or sale of texts through the Site or any Linked Site, the User releases the Operator and further indemnifies and holds the Operator harmless from and against such damages.

NO UNLAWFUL OR PROHIBITED USE

As a condition of Your use of the Site, You warrant to the Operator that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE OPERATOR OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED OR OFFERED FOR SALE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OPERATOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THIS SITE IS PROVIDED "AS IS". ETEXTSHOP DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE MILLENNIUM OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS.

Etextshop will not be responsible for any errors or omissions in the Materials or information provided on this site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this site or in a hyperlink site.

References to third-parties, their products, and/or services does not imply endorsement by Etextshop thereof.

This site may contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in updates of the site. Etextshop may make improvements and/or changes in the product(s) and/or the program(s) described in this site at any time without notice.

The information provided through this site, including but not limited to the book listing, price, and availability, is subject to change without prior notice and at any time. The price information provided is not intended to and shall not be deemed to constitute a contract or an offer to form a contract, but is an advertisement for an offer. Etextshop.com LLC, its directors, officers, employees, agents, content providers and any and all third party involved in the development or maintenance of this site expressly disclaim any and all liability of any nature and kind.

Limitation of Liability

IN NO EVENT SHALL ETEXTSHOP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, OR INABILITY TO USE THE SITE OR ANY HYPERLINK, EVEN IF ETEXTSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.

Revisions

Etextshop may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

TERMINATION/ACCESS RESTRICTION

The Operator reserves the right, in its sole discretion, to terminate any User’s access to the Site and the related services or any portion thereof at any time, without notice. The User agrees that its relationship with Operator, the Terms of this Site and any disputes arising out of the same shall be governed exclusively by the laws of the state of Utah and any disputes shall be brought exclusively in the Second District Court of Utah, Ogden Department. You, the User, expressly submit yourself to the jurisdiction of that Court. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Operator as a result of this agreement or use of the Site. The Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Operator’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by the Operator with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the Operator with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Operator with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Booklists, course information, prices and availability information are subject to change at any time without notice. If colleges and universities are listed on this Site it is purely for information purposes and does not state or imply an endorsement of the Site by any of those educational institutions.
COPYRIGHT AND TRADEMARK NOTICES:

COPYRIGHT AND TRADEMARK NOTICES:

The text, layout and design of the Site are copyright 2005 by etextshop.com. All rights reserved.

TRADEMARKS

The names of actual companies and products described or offered for sale on the Site may be the trademarks of their respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.