AGREEMENT BETWEEN THE CUSTOMER AND BOOKDEAL

  • a) invoice with the ISBN(s) and quantities details
  • b) the name or organization of the person selling the textbooks
  • c) A photo ID of the seller with all personal information blurred out except for name and photo.

Failure to provide the required materials in any instance and noncompliance will result in immediate termination of your account on BookDeal and any future accounts that you decide to open with us.
The final step will be you sending us return shipping labels to have your textbooks returned to you. If you do not provide these return labels within 5 business days, then your textbooks will be destroyed.

Potentially Fraudulent Activity Policy

Welcome to the BookDeal.com website (the "Website"). This Website is provided solely to assist customers in gathering book value information, determining the availability of buyback offers, making legitimate deals or otherwise transacting business with book-buyers, and for no other purposes. The terms "we", "us", "our" and "BookDeal.com" refer to BookDeal.com, L.P., a California limited partnership and/or our subsidiaries. The terms “you”, “Seller”, and “customer” refers to the customer visiting the Website and/or selling an item through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes. Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Website are also incorporated into these Terms. By visiting or using the Website, you expressly agree to these Terms, as updated from time to time.

USE OF THIS WEBSITE

  • 1. you are at least 18 years of age,
  • 2. you possess the legal authority to create a binding legal obligation,
  • 3. you will use this Website in accordance with this Agreement,
  • 4. you will only use this Website to make legitimate deals for you or for another person for whom you are legally authorized to act,
  • 5. all information supplied by you on this Website is true, accurate, current and complete, and
  • 6. if you have a BookDeal.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

CODE OF CONDUCT

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • • Restrict or inhibit any other person from using the Website;
  • • Use the Website for any unlawful purpose;
  • • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • • Engage in spamming or flooding;
  • • Harvest or collect information about Website users;
  • • Create and/or use multiple accounts
  • • Intentionally create orders with incorrect ISBNs
  • • Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer;

BOOKS WE DO NOT ACCEPT FOR BUYBACK

  • 1. Rebound books
  • 2. International editions; marked ‘low-priced’ or ‘international copy’
  • 3. Custom editions for specific college or area
  • 4. Used, opened, visible, or scratched access codes
  • 5. Incomplete sets (e.g. volume 1 of 2-volume set)
  • 6. Items without any ISBN – even if you can cross reference and find the ISBN for the book on third party sites like Amazon
  • 7. For workbooks and study guides: Any markings
  • 8. For textbooks with practice tests: should not be filled out
  • 9. Excessive highlighting or markings on > (5) 2-3 pages
  • 10. ANY water damage: wrinkled, curled pages; yellowing or stains, mold, color change
  • 11. Ripped, missing, or falling out pages or cover
  • 12. Heavy wear, e.g. damaged or detached binding, torn pages or cover
  • a. Cover damage greater than 2” x 2” section
  • b. Stuck-together pages
  • 13. Counterfeit books
  • 14. Encyclopedia sets, magazines, music books, comic books, non-book items
  • 15. Pornography or otherwise offensive or explicit materials
  • 16. Repaired or rebound books
  • 17. Dated Materials/Books, Calendars, Daily Planners, Dated Diaries/Journals/Code Guides

PRICE QUOTES
Price quotes may be adjusted in the following cases:

  • • The package is scanned by the carrier later than 7 calendar days after placing your order.
  • • Item quantity is different from quoted
  • • Item condition is different from quoted
  • • Item ISBN is different from quoted
  • • Item not initially quoted in order added to package

    • In any of these cases, book-buyers reserve the right in their sole discretion to adjust Seller payment accordingly. Each vendor has its own policies on if it will or will not return your package; please make sure to read through your vendor’s policies carefully.

TRANSFER OF OWNERSHIP

Upon receipt of a shipped package at the book-buyer’s warehouse, ownership of the contents of the shipment transfer completely and wholly to the book-buyer. Book-buyers reserve the sole right to determine the value and condition of any included items according to their own standards and policies. Book-buyers also reserve the right to resell, recycle, or donate any item obtained through a buyback shipment.

MINIMUM AND MAXIMUM ORDER SIZE

The maximum number of books you can sell can be seen in the quantity drop-down menu. This maximum cannot be exceeded over 1 or multiple orders in a span of 30 days. One seller may only have one account. If it is found that a seller has been selling books through multiple accounts, all accounts will be suspended.

BOOK SHIPPING PROCEDURE

Upon completion of a buyback order, BookDeal will provide a free, printable shipping label to the Seller in PDF format. To send the order, the Seller must print the label, package the book(s) into a durable shipping box, seal the box, and attach the provided label. The Seller must then bring the package to the carrier.

BookDeal is not responsible for any loss, damage, lateness, or mishandling that may occur while an item is in transit. If you are concerned that your shipment might be missing, late, or damaged, please contact the shipping company.

While not required, BookDeal recommends for Sellers to follow the Packaging My Books guidelines.

Book-buyers issue payment according to the contents of a shipment, not the contents of the onsite buyback quote. Therefore, no payment will be issued for books that are included in the quote but not received. Likewise, books received in a shipment that were not in the original quote will be paid for according to the current quote price at the time book-buyers process the order.

Our prepaid shipping labels for FedEx and UPS have insurance for up to $100, meaning that if FedEx or UPS damages or loses your package, they will compensate you. If your materials are worth more than $100 or our prepaid shipping label is for USPS, you can buy additional insurance. If your materials have been lost during transit, please contact Customer Service for help.

Each vendor has its own policies on if it will or will not return your package; please make sure to read through your vendor’s policies carefully.

If you create multiple small orders containing only one or two books instead of putting them into one order, we may charge you with shipping fee for every additional order.

Multiple accounts are not allowed and will be suspended.

BOOK ORDERS FROM OUTSIDE THE US

BookDeal does not accept buyback orders from outside the US at this time.

BOOKS SENT IN ERROR

Book-buyers are not responsible nor liable for any items received that were not included in the original order. If you believe you have sent an item in error, please contact BookDeal Customer Service immediately with information about the item. Books received that are not on the original order will be paid at current buyback value or recycled or donated if the book-buyers are not able to buy the book. We are unable to send these books back.

PAYMENT PROCEDURE

  • • how long shipping takes
  • • Once the vendor has received your book, payment will be issued within 5 days. The absolute timeline of your payment depends on the distance between you and the vendor because of the time shipping takes.
  • • What forms of payment available
  • • Final quotes cannot be higher than initial quotes.

TERMINATION

BookDeal may terminate your use or registration with or without cause at any time without notice to you. We reserve the right to discontinue the communication with the customer if they choose to use profanities or threats.

Sellers may only use ONE account. Creating multiple accounts circumvents our site’s thresholds and policies. A Seller who is found to be in possession of multiple accounts may be subject to payment delays, account suspension, or account termination.

If our system has detected that you are using forged seller information, such as using a fake address and phone number. Thus, the account and any associated accounts have been suspended. After the account is suspended, all the items in transit or received become the property of BookDeal without any possibility of return and payment. You are not permitted to use BookDeal in any way during your suspension. This includes registering a new account or using another existing account. 

In the event of a breach by you of these Terms of Service, any such termination by BookDeal shall be in addition to and without prejudice to such rights and remedies as may be available to BookDeal, including injunction and other equitable remedies. The disclaimer, limitations on liability, indemnity and termination provisions of these Terms of Service shall survive the termination or expiry of these Terms of Service.

INAUTHENTIC BOOKS POLICY

BookDeal reserves the right to inquire how items were originally acquired and request proof of ownership. While under investigation, payment may be delayed or withheld.

Any items submitted to BookDeal that are determined to be illegally obtained or printed will be surrendered to the proper authorities (i.e., law enforcement, publishers, or retailers).

DISPUTES; ARBITRATION

BookDeal.com is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Website, this Agreement, our Privacy Policy, any services or products provided, any dealings with our customer service agents, or any representations made by us (“Claims”), you agree to communicate your Claim to BookDeal.com by filing a claim. You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Customer Support have elapsed. If we are not able to resolve your Claim within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

You and BookDeal.com agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The arbitrator must follow and enforce this Agreement.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to info@bookdeal.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • 1. make any speculative, false, or fraudulent deal or any deal in anticipation of demand;
  • 2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • 3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • 4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • 5. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • 6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Without limitation, any speculative, false, or fraudulent deal or any deal in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate deals for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in BookDeal.com cancelling any sales associated with your name, email address, or account, and closing any associated BookDeal.com accounts. BookDeal.com may also cancel any bookings associated with your name, email address, or account, and close any associated BookDeal.com accounts if you have made multiple accounts on this website. If such deals cancelled are non-returnable sales, BookDeal.com reserves its right not to return you the shipped books. In addition, BookDeal.com may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, BookDeal.com reserves the right to take any necessary legal action and you may be liable for monetary losses to BookDeal.com, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.

BOOK-BUYER RULES AND RESTRICTIONS

Separate terms and conditions will apply to the book-buyer that you choose to sell an item to. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any book-buyer with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the book-buyer’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of sales may result in cancellation of your deal(s), in your being denied access to any sales, in your forfeiting any books shipped for such deal(s), and in BookDeal.com debiting your account for any costs BookDeal.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

PRIVACY POLICY

BookDeal.com believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of BookDeal.com, to understand our practices: Privacy Policy(link needed)

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any property reviews, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you (a) grant BookDeal.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant BookDeal.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that BookDeal.com may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a property review that you submit) at our discretion. You further grant BookDeal.com the right to pursue at law any person or entity that violates your or BookDeal.com's rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that BookDeal.com has the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same property, only your most recent submission is eligible for use.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  • 1. A clear identification of the copyrighted work you claim was infringed.
  • 2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  • 3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  • 4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  • 5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • 6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to info@bookdeal.com.

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

PRICES

The price of buyback offers will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect deals already accepted. Despite BookDeal.com’s best efforts, some of the offers listed on the website may be incorrectly priced. BOOKDEAL.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING DEALS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING DEAL AT THE CORRECT PRICE OR AT YOUR OPTION, WE WILL CANCEL YOUR DEAL. BookDeal.com is under no obligation to provide buyback offers to you at an incorrect (higher) price, even after you have been sent confirmation of your deal.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, BOOKDEAL.COM, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "BOOKDEAL.COM COMPANIES") AND THE AFFILIATED, CO- BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "BOOKDEAL.COM AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE BUYBACK OFFERS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, BOOKDEAL.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING DEALS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING DEAK AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR DEAL.

BOOK-BUYER RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE BOOKDEAL.COM COMPANIES AND THE BOOKDEAL.COM AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES AND THEIR RESPECTIVE VENDORS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE BOOKDEAL.COM COMPANIES OR THE BOOKDEAL.COM AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE BUYBACK SUPPLIERS PROVIDING BUYBACK SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE BOOKDEAL.COM COMPANIES, OR THE BOOKDEAL.COM AFFILIATES. THE BOOKDEAL.COM COMPANIES AND THE BOOKDEAL.COM AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE BOOKDEAL.COM COMPANIES AND THE BOOKDEAL.COM AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE BOOKDEAL.COM COMPANIES, THE BOOKDEAL.COM AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, the BookDeal.com Companies, the BookDeal.com Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the BookDeal.com Companies, the BookDeal.com Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the BookDeal.com Companies, the BookDeal.com Affiliates, and/or their respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify the BookDeal.com Companies, the BookDeal.com Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • • your breach of this Agreement or the documents referenced herein;
  • • your violation of any law or the rights of a third party; or
  • • your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than BookDeal.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is the copyrighted work of BookDeal.com, BookDeal.com Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the BookDeal.com Companies, BookDeal.com Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.