BETTER WORLD BOOKS – ONLINE BUYBACK PROGRAM

TERMS AND CONDITIONS OF USE

Welcome to the Better World Books’ Online BuyBack Website (“OBB Website”). The following terms and Conditions of Use (the "Terms of Use") will govern your use, and what you (a “User”) can expect from us, Better World Books (“BWB”) in connection with the online purchase of your book through our Online BuyBack program (“OBB”).

Acceptance of Terms and Conditions of Use :

By proceeding beyond the link from the home page of the OBB Website, including but not limited to visiting or viewing any area of the OBB Website, participating in the online book buyback program, making a purchase or other transaction via the OBB Website, using any other feature of the OBB Website, constitutes your express consent and agreement to these Terms of Use. Please read them carefully. These Terms of Use, including all documents referenced herein, represent the entire understanding between User and BWB regarding User's relationship with BWB, the purchase or sale of any book or other product, and supersedes any prior statements or representations on the OBB Website or otherwise. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. BWB reserves the right to prohibit or restrict conduct or communication that BWB deems in its sole discretion to be harmful to any User, to BWB, to the OBB Website, or to any third party, or that appears to violate any applicable law. In addition, please review our other policies, such as our Privacy Policy, Intellectual Property Policy, and our Frequently Asked Questions, posted on this site. These policies also govern your visit to the OBB Website and are hereby incorporated into these Terms of Use.

Privacy Policy : BWB’s policy regarding the protection of the privacy of our Users is contained in our Privacy Policy posted to the OBB Website. In addition, BWB may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the OBB Website; or (iii) to protect the rights or property of BWB, its affiliates and their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors or any other User.

No Access by Minors :

BWB does not buy from or sell products to children under the age of 18 (a “Minor”), but buys from and sells to adults, who can purchase with a credit card. BWB does not intend the OBB Website to be used by any Minor without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). BWB relies upon Guardians to determine if any Content or items available on the OBB Website are appropriate for the viewing, access, or purchase by such Minors. If a User is a Minor, such Minor may use the OBB Website only under the supervision of a Guardian. BWB and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, cancel orders, or confirm that User has a valid credit card in User’s own name at their sole discretion.

Limited License :

BWB grants the User a limited, nonexclusive, revocable license to access and make personal use of the OBB Website and its content solely for the purpose identified therein. For purposes hereof, "Content" is defined as any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material posted on the OBB Website.

This license does not include or allow any resale or commercial use of the OBB Website or its content (as defined below). User expressly agrees that User shall not (i) modify, reproduce, copy, download (other than page caching), or resell all or any portion of the OBB Website or its Content or any portion or derivative thereof; (ii) copy or download any User's account information for the benefit of any third party; (iii) enable high-volume, automated, electronic processes that apply to the OBB Website or its systems; (iv) use any data mining, robots, or similar data gathering and extraction tools ; (v) interfere or attempt to interfere with the proper working of the OBB Website or others’ use and enjoyment of the OBB Website; (vi) bypass or attempt to bypass any BWB measures used to prevent or restrict access to any portion of the OBB Website; (vii) frame or utilize framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page layout, or form) of BWB; (viii) use any meta tags or any other "hidden text" utilizing BWB’s name or trademarks without the express written consent of BWB (any unauthorized use terminates the permission or license granted by BWB hereunder) (ix) or compile, repackage, disseminate, or otherwise extract data from the OBB Website.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require BWB’s express written consent (which may include a written agreement signed by an authorized representative of BWB). Any unauthorized use of the OBB Website, the Content, or any portion or derivative thereof shall terminate any license or permission granted by BWB. BWB reserves the right to modify the OBB Website at anytime, without prior notice, in its sole discretion.

User ID and Password :

Every User that has an account on the OBB Website is responsible for (i) keeping his or her account password confidential and secure, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current. User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her BWB account using an old e-mail address, such User will not receive important messages from BWB about his or her orders and inquiries or other matters. User accepts full responsibility for all activities that occur within such User's BWB account.

Blogs and other User Content:

Users and other visitors may access the Better World Blog from the OBB Website, and may respond, send communications; and ask questions, submit suggestions or ideas, make comments, or provide other information, so long as the content is not, in the sole opinion of BWB, 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. BWB will fully cooperate with any law enforcement authorities or court order requesting or directing BWB to disclose the identity of anyone posting any such information or materials. Although BWB may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the OBB Website or the Better World Blog, BWB is under no obligation to do so. Political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" are strictly prohibited on or through BWB, the OBB Website or the Better World Blog. 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.

User hereby assigns to BWB any and all rights to any communication, content or materials you transmit or post to the OBB Website, either electronically or otherwise, including, but without limitation, data, questions, comments, suggestions, or the like, such that all submitted material shall become the sole property of BWB and shall not be treated as confidential or proprietary to the User. BWB shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to the User. User represents and warrants that User owns or otherwise controls all of the rights to the content posted by a User; that the content is accurate; that use of the content User supplies does not violate this policy and will not cause injury to any person or entity; and that User will indemnify BWB or its affiliates for all claims resulting from content supplied by User. BWB takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property :

Copyright

User acknowledges that all Content displayed or otherwise included on the OBB Website, including but not limited to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of BWB or its suppliers, or is used by BWB with permission, and constitutes proprietary information of BWB and protected by United States and international copyright laws. All Content is copyrighted as a collective work under the U.S. copyright laws, and BWB owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not use, reproduce, modify, remove, delete, augment, add to, display, perform, distribute, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content protected by copyright or other proprietary right without obtaining permission of BWB in whole or in part, except as permitted by law. User may download material displayed on the OBB website but only for non-commercial, individual, personal use, and also provided you retain all copyright and other proprietary notices contained on all materials. User may not distribute, modify, transmit, reuse, report or use the contents of the OBB Website for public or commercial purposes, including the text, or images without BWB’s written permission.

Trademarks

“ Better World Books” and other marks indicated on the OBB Website (including but not limited to all tag lines, graphics, logos, page headers, button icons, scripts, and service names) are registered or unregistered trademarks of BWB or its affiliates, or used with express permission from third party licensors (collectively, the “Marks”). All rights are reserved. No Marks may be used, copied or imitated, in whole or in part, without express written consent from BWB or its licensor, as the case may be.

Representations and Warranties :

User represents and warrants to BWB that: (i) User is at least 18 years of age; (ii) User has the full power and authority to enter into and perform User’s obligations under these Terms of Use; (iii) User’s assent to and performance of User’s obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which User is bound, or any applicable laws, regulations, or rules; (iv) these Terms of Use constitute legal, valid, binding, and enforceable obligations on User; and (v) User will comply with all applicable laws, rules, and regulations in User’s use of the OBB Website.

BWB neither warrants nor represents that any use of any books, or other products displayed on the OBB Website will be free from infringement of the rights of third parties not owned by or affiliated with BWB. While BWB uses reasonable efforts to include accurate and up-to-date information on the OBB Website, BWB makes no warranty or representation as to its accuracy and assumes no liability for any errors or omissions in anything you see or read on the OBB website.

Indemnity :

User agrees to indemnify and hold each BWB Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of the Terms of Use or User's use of the OBB Website in a manner that violates any law or the rights of a third party.

Limitation of Liability :

THE OBB WEBSITE IS PROVIDED BY BWB ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BWB DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

USERS SHALL USE THIS OBB WEBSITE AT THEIR OWN RISK. BWB IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR INCOMPLETE OR DELAYED COMPUTER TRANSMISSIONS. BWB ALSO SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM THE ACCESS, USE, BROWSING, OR DOWNLOADING OF DATA, TEXT OR IMAGES FROM THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, BWB MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE OBB WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREON; OR (ii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE OBB WEBSITE.

UNDER NO CIRCUMSTANCES SHALL BWB BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE OBB WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE OBB WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, TERRORISM, FIRE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BWB’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE OBB WEBSITE.

BWB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE OBB WEBSITE OR THE PURCHASE OF ANY BOOK OR OTHER PRODUCT THEREFROM. IN NO EVENT WILL BWB’S LIABILITY EXCEED THE GREATER OF THE VALUE OF GOODS PURCHASED THROUGH THE OBB WEBSITE FROM USER OR $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Termination

BWB may issue a warning, temporarily suspend, indefinitely suspend, or terminate any User's right to use or access all or any part of the OBB Website, including any account thereon, without notice, for any reason in BWB’s sole discretion, including without limitation BWB’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, BWB, any BWB Provider or another User.

Dispute Resolution :

For any claim or controversy at law or equity that arises out of the Terms of Use, the OBB Website or any BWB service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or BWB may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Fulton County, Georgia or in the United States county where the defendant is located (in the case of BWB, Fulton County, Georgia, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Fulton County, Georgia).

Modification:

BWB reserves the right to make changes to the OBB Website, posted policies, and Terms of Use, at any time without notice. User’s continued use of the OBB Website constitutes assent to any new or modified provision of these Terms of Use that may be posted on the OBB Website. 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.

Severability:

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Governing Law

The laws of the State of Georgia will govern the Terms of Use, without giving effect to any conflicts of laws principles.