TERMS OF USE FOR ALL USERS
Textbookagent.com

Last Modified January 30, 2024

As the owner of this website, Textbook Agent, LLC, and each of its owners, officers, agents, successors and assigns (hereinafter collectively “Company” or "us" or "our") maintain certain legal rights and assert certain obligations concerning all users of our website, including without limitation customers or other third parties who purchase goods or services from us. This website, the information contained herein, and all information provided by us electronically or in writing in any form shall hereafter be collectively referred to as the "Protected Information" in these Terms of Use. By accessing our Protected Information and/or by purchasing goods or services provided by us or through the website, you (“you” or, “User”) agree to these Terms of Use and all conditions stated herein or provided by us by any means of electronic transmission (collectively, the "Terms of Use" or "Agreement"). If any provision of this Agreement is determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable. Any waiver by the Company of a default under this Agreement must be made in writing by the Company and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy by the Company shall impair such right or remedy or be constructed as a waiver. A consent to or approval of any act by the Company shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE WEBSITE AND DO NOT USE ANY SERVICES. WE MAY MODIFY THESE TERMS OF USE AT ANY TIME, WITHOUT ANY PRIOR NOTICE.

The Protected Information may be protected by Copyright as a collective work and/or compilation, pursuant to applicable law. Any reproduction, modification, creation of derivative works from or redistribution of the collective work, and/or copying of any portion thereof to any other location for further reproduction or redistribution is prohibited without the express written consent of the Company.

Limitations of Liability.

IN NO EVENT SHALL THE COMPANY, OUR AFFILIATES, SUBSIDIARIES, MEMBER COOPERATIVES, OWNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, VENDORS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH ANY DELAY OF OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, SUCH PARTIES SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT, INFORMATION OR SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY.

The following additional provisions apply to this Agreement:

1. Content and Information Provided

Our Protected Information includes all text, graphics, images, and other material contained on any website maintained by our Company, including without limitation the entirety of Textbook Agent.com, and includes any information provided by us electronically or in writing in any form. It also includes all proprietary information of the Company and any information classified as intellectual property by State or Federal Law. All information provided is for informational purposes only. All users should conduct independent due diligence regarding the actual pricing and availability of any pricing for any books sold or offered by our Company on Textbook Agent.com or otherwise. All goods and services and information provided is provided “as is”, with no warranty under applicable law. The Company disclaims all representations, warranties, and conditions, whether express or implied, including data accuracy, title, noninfringement, merchantability, and fitness for a particular purpose. In the event any advertisers or third parties provide information on the website or other materials provided by the Company, the User acknowledges and agrees that such parties are independent of the Company and that the Company shall not be bound by any agreements of or assurances by such third parties or advertisers.

2. Terms Pertaining to Book Purchasing

The Company expressly reserves the right to modify or cancel the pricing for books it seeks to purchase at any time, without prior notice. The Company may deny purchase at any time. Except as provided herein the Company maintains ownership of all items received upon receipt, and may dispose of items which do not meet these Terms of Use without compensation to User.

• Book Condition: All books offered by any User must be in good condition with no tears and minimal wear. All pages must be present and contain minimal marks or writings, and the book cover should not be damaged. All parts, including inserts, must be present. All corners of the book cover should be intact, as well as the binding. Workbooks and study guides must be clean without answers. Without limitation, the following books are unacceptable: warped books, smoke or fire damage, books with strong odor, advance reading copies, promotional or screener copies, partial sets of a series of books, or books containing codes for accompanying online classes. The User must provide the correct ISBN number for each book. The Company reserves the right to request proof of ownership. Any items that are illegally obtained or deemed to be inauthentic may be returned to their rightful owner or reported to law enforcement.
• Book Pricing: Company shall make efforts to honor prices quoted to User, however, in the event Company is unable to fulfill an order as quoted, User agrees that Company retains the right to return books or renegotiate prices from time to time. Pricing errors may occur, and User agrees to honor Company’s final pricing as relayed to User, even if communicated after receipt of the book by Company. In such instances, receipt by the Company shall not constitute ownership.

3. Additional User Agreement

Only one account is allowed per household. Accounts are non-transferable. By accessing this website or any information provided by the Company, users agree that any information provided must be accurate, true, complete, and correct. User agrees to utilize this website for legitimate and lawful purposes only. Users agree not to plagiarize, copy, transmit, post, link, or otherwise assert unlawful use over the Protected Information. Users acknowledge that there may be interruptions in service or events that are beyond our control and that the Company provides no guaranty that the website or any electronic information will remain available at any time. User further acknowledges that the Company does not independently confirm the accuracy of any information posted on the Website. User may not may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Information, in whole or in part. User will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. User is expected to revisit the Terms of Use from time to time to stay informed of any changes. User agrees to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective directors, officers, owners, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of User’s violation of the Terms of Use or this Agreement.

4. Violation of Terms of Use, Right to Deny Service

We may at any time ban or revoke the right of anyone to use our website or our services in the event our Company determines, in its sole discretion, such party is engaging in activities determined to be unacceptable. Such activities include, but are not limited to hacking, advertising, jamming, spamming, or employing robots, spiders, scripts, scrapers, or crawlers. Failure by the Company to act in any instance shall not constitute a waiver by the Company of its rights to act. In addition to its rights herein, the Company reserves its rights to pursue civil and criminal remedies under law. Additionally, the Company retains the right at our sole discretion to deny service, or access to the website or the Protected Information to anyone at any time and for any reason or to remove the Protected Information from public use in its entirety. Without limitation, every one of the following activities shall be considered a violation of the Terms of Use:

• Activity that is unlawful, harmful, threatening, harassing, defamatory, libelous, invasive of another's privacy, or harmful to minors in any way;
• Pornographic activity as defined by local or federal law;
• Unsolicited commercial advertisements, as determined in the sole judgment of the Company;
• Viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
• Information employing false or misleading email addresses, forged headers or otherwise manipulated identifiers; and
• Any other activities stated within these Terms of Use or determined, in the sole judgment of the Company, to be disruptive to the use of the website and access to the Protected Information.

5. Alternative Dispute Resolution, Legal Action.

In the event a dispute shall arise between the parties to this Agreement or the use of the Protected Information, it is hereby agreed that the dispute shall be referred to arbitration in accordance with the American Arbitration Association. Arbitration shall be held in Little Rock, Arkansas, and the State Law of Arkansas shall apply. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. If the Company employs attorneys to enforce any rights arising out of or relating to these Terms of Use or to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. You hereby waive all right to initiate any class action lawsuit or arbitration against the Company, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against the Company.