Terms of Purchase
PLEASE READ THE FOLLOWING TERMS OF
SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE OR THE SERVICES.
The following
are the terms and conditions for Textbookmoney.com (the "Website")
and the services offered on and through the Website, (collectively, the Website
and its services and content are referred to as the "Services"). The
Services are owned and operated by Keyword Rockstar Inc. ("TEXTBOOKMONEY").
By accessing the
Services, continuing to access the Services, subscribing to the Services, or
submitting any information through the Services, and in consideration for the
services TEXTBOOKMONEY ("TEXTBOOKMONEY" or "us," or
"we") provides to you, YOU (the terms "you" or "yours"
includes the person or entity that is accessing or subscribing to the Services
as well as any third-parties accessing the Services on your behalf
) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND
CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms" or
"Agreement"). Use of the
Services is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein.
I. OVERVIEW
AND DISCLAIMERS
TEXTBOOKMONEY
provides Services which enable you to research various purchase prices, trade-in
values or resale values of books.
II. USER
ACCOUNTS, REGISTRATION, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services,
you must register and create an account. In order to create an account, you must
complete the registration process by providing TEXTBOOKMONEY, or a
third-party engaged by TEXTBOOKMONEY, with complete and accurate
information as prompted by the registration form, including contact information,
a username, and password. You shall
protect your password and take full responsibility for your own and third party
activities that occur under your account. You agree to notify TEXTBOOKMONEY
immediately of any unauthorized use of your account or any other breach of
security. If you create an account
on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. TEXTBOOKMONEY reserves the right,
with or without notice, to terminate the account of, or refuse service to, any
persons that violate these Terms, violate any party's intellectual property
rights, abuse other Website users, misuse the Website or its Services, or
otherwise engage in inappropriate conduct, as determined by TEXTBOOKMONEY
in its sole discretion.
Payment. As a condition of your subscription to
the Services, you agree to pay all applicable service fees agreed to by TEXTBOOKMONEY
and you (the
"Service Fees"). Unless
otherwise stated, all fees are stated in U.S. Dollars. You hereby certify to us that you are at
least 18 years of age. We reserve
the right to deactivate your access to the Services for failure to pay
applicable Service Fees.
Information Submission and
Age Restriction. By submitting any information, including
any User Content as defined below, through the Services, you represent and
warrant that you are 13 years of age or older, and, if under the age of
majority in your state, you are either an emancipated minor, or have obtained
the legal consent of your parent or legal guardian to enter into these Terms
and use the Services. TEXTBOOKMONEY does not intend to use the Services to collect
any information from children under age 13.
III. MODIFICATIONS
TO TERMS OF SERVICE AND OTHER POLICIES
TEXTBOOKMONEY
reserves the right to change or modify any of the terms and conditions
contained in these Terms or any policy governing the use of the Services, at
any time, by posting the new terms on the Website. The most current version of these Terms
will be located on this page. You
understand and agree that your access to or use of the Services is governed by
the then-current Terms that are effective at the time of your access to or use
of the Services. If we make
material changes to these Terms, we will notify you by updating the "Updated"
date indicated at the top of this page with the date that revisions to these
Terms were last made. You should
revisit these Terms on a regular basis as revised
versions will be binding upon you.
Any such modification will be effective upon our posting of such new
Terms. You understand and agree that your continued
access to or use of the Website or its Services after the effective date of
modifications to the Terms indicates your acceptance of the modifications.
IV. SERVICES,
LICENSE, AND PAYMENT
Subscription. In order to use some or all of the
Services, you must have an active paid subscription to the Services. If you
fail to make the required payments to TEXTBOOKMONEY, or your subscription
period ends, your license to access the Subscription Services is automatically
revoked. Each of the Services provided pursuant to these Terms shall be ordered
through and subject to an order form and/or insertion order (an
"Order") provided by us. Provided
that we accept the applicable Order, we agree to provide, and you agree to
receive from us, each of the Services pursuant to these Terms. We shall have no obligation to accept
any Order. There shall be an Order
for each Service provided to you, and each Order shall constitute an integral part
of these Terms.
Licenses. Subject
to your compliance with these Terms, and your continued subscription payments, TEXTBOOKMONEY
hereby grants you a limited, revocable, non-exclusive, non-transferable
license to use the Services provided by TEXTBOOKMONEY solely for your own
individual purposes. This license is automatically terminated if you violate any
of these Terms.
Except as
expressly set forth herein, you must not do, or permit others to do, any of the
following: you shall not (i) use, reproduce, modify or create derivative works
of the Services or any content provided by the Services, or (ii) transfer, lease,
lend, sublicense, use for timesharing or service bureau purposes, resell or
otherwise distribute or allow third party access to all or any portion of the Services,
including, but not limited to, by sharing your access username and/or password. In addition, You will not violate or
attempt to violate the security of TEXTBOOKMONEY's networks or servers,
including (x) accessing data not intended for You or log into a server or
account which You are not authorized to access; (y) attempting to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper written request and authorization; or
(z) attempting to interfere with service to any user, host or network,
including by means of submitting a virus, overloading, flooding, spamming, mail
bombing or crashing.
You
hereby grant to us a worldwide, nonexclusive right to (i) use and display, and
make available to third parties for use and display, in connection with the Services
any information, materials, logos, data or content that you choose to provide
us or display for the Services or on our website and (ii) contact on your
behalf the customers whose information you provide to us in connection with the
Services.
Payment. The
rates and charges applicable to the Services are outlined in the applicable
Order(s) and incorporated by reference herein. As a condition of your use of
and access to the Services, you agree to pay the Service Fees and all other
fees outlined in the applicable Order(s).
TEXTBOOKMONEY may change the Service Fees for any or all of the
Services at any time and from time to time, effective immediately upon your
receipt of notice of such fee change; provided, that, such fee changes will
only be effective as to usage of the Services thereunder that occurs after the
effective date of the relevant fee change.
We reserve the
right to suspend Services immediately in the event your account has any past
due amounts. If we elect to suspend
Services, no Service interruption shall be deemed to occur, and we shall have
no responsibility to provide, or liability for, Services during such period of
suspension.
If
you have a bona fide dispute with respect to invoiced amounts, you must notify
us of the dispute within ten (10) days of the invoice date at the Notice
Address.
In
addition to the Service charges and fees, you shall also be
responsible for all taxes assessed in connection with the Services, including
any foreign, federal, state, or local taxes and charges assessed in connection
with a Service, including, without limitation, all governmental excise, use,
sales, value-added, and occupational taxes and other fees, or other similar
surcharges and levies (including, without limitation, universal service fund
charges or equivalents), but excluding any taxes based on a Party's net income
("Taxes"). You agree that
you are solely responsible for collection and payment of any and all Taxes that
you are required to pay to any taxing authority in connection with your sale or
use of the Services, and you shall indemnify us for any losses, liabilities,
costs, and expenses incurred as a result of a breach by you of this section.
Your obligation
to pay any fees or amounts due under this Agreement shall not be subject to any
rights of set-off, counterclaim, deduction, defense or other right that you may
have against us or any other party.
TEXTBOOKMONEY may offer the Services,
or a limited version thereof, in a limited free form, on a limited free-trial
basis, or on a fee-based subscription basis. Please
review the specific terms of your applicable subscription for more details on
any required payment, the details of any free-trial offer, and the potential
for additional purchases or fees for increased capabilities. If you fail to cancel your subscription
within the free-trial period, you will incur subscription fees.
If
you purchase a subscription to the Services, then you consent to TEXTBOOKMONEY
storing your payment information.
You agree to pay the applicable fees for the Services as they become due
and to reimburse TEXTBOOKMONEY for all collection costs and interest. The failure to pay may result in the
termination of your account or subscription. Your obligation to pay fees continues
through the end of the subscription period during which you cancel your
subscription.
Refund
Policy.
TEXTBOOKMONEY
does not offer an unconditional money back guarantee. We only offer our 365 Day $2000 Conditional Guarantee if you qualify. Otherwise, all sales are final and
no refunds will be given.
365 Day $2000 Conditional Guarantee Policy.
TEXTBOOKMONEY
offers a 365 Day Conditional $2000 Guarantee Policy under the following terms:
1) If you do not earn at least $1000 USD of Amazon.com Gift Cards within your first 365 days of owning TextbookMoney,
then we will pay you $2000 minus the amount of Amazon.com Gift Cards you actually earned with the following conditions applied:
a) If Amazon.com removes their Trade-in program within 30 days of owning TextbookMoney, you are entitled to only a refund of the purchase price you paid for Textbook Money product, no additional funds.
b) If Amazon.com removes their Trade-in program after 30 days of owning TextbookMoney and there was at least $1000 dollars of available trade-in profits during that time, then you are entitled to no refund or additional funds.
c) If over the course of 365 days, there was at least $1000 dollars of available trade-in profits either through Amazon or 3rd Party sellers, then you are not eligible for the guarantee and no funds will be issued to you.
d) You must notify us of your request to invoke the Conditional Guarantee after day 365 but before day 379 from your original purchase date. If any request is made outside of that time frame, it is not a valid request and will not be honored.
Disclaimers. The Services are provided "AS IS."
TEXTBOOKMONEY does not
represent or warrant and expressly disclaims any warranty that (i) your
computer or device has the specifications to support the Services; (ii) any
information contained in the Services will be accurate, (iii) the Services
will be error-free or accessible at all times, (iv) defects will be
corrected, (v) the Services or the server that makes it available, are
free of viruses or other harmful component, or (vi) the use or the results
of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Information
Storage and Access. TEXTBOOKMONEY may revoke access to and/or
delete your data, including any information or files you upload or submit
through the Services, if you stop paying the requisite subscription fees or if
your account is terminated. If you stop paying your subscription fees,
or your account is otherwise terminated, you will automatically lose access to
all of your data collected by or accessed through the Services. Upon termination or your failure to pay
subscription fees, TEXTBOOKMONEY may in its discretion, delete any and all
data related to your account, including any customer or account history,
tracking information, or other content related to the Services.
Notwithstanding the foregoing, TEXTBOOKMONEY reserves the right, in its
sole discretion, to determine whether and how long to store your data. TEXTBOOKMONEY will not be
responsible for any liability related to the deletion or removal or any data or
content maintained on the Services or TEXTBOOKMONEY's servers.
Maintenance or Support. TEXTBOOKMONEY is not under any
obligation to provide maintenance or support for the Services. TEXTBOOKMONEY may provide maintenance
or support for the Services in TEXTBOOKMONEY's sole discretion.
V. PROPRIETARY
RIGHTS
Except for the
limited license expressly granted herein, TEXTBOOKMONEY expressly reserves
all right, title and interest in and to the Services, the content of the
Website, and all processing, analytics, data and other software and technology
used by TEXTBOOKMONEY in the provision of the Services
("Technology"), including, without limitation, any derivatives,
improvements, enhancements or extensions of the Technology conceived, reduced
to practice or otherwise developed by or on behalf of TEXTBOOKMONEY, all of
which are valuable assets of TEXTBOOKMONEY, together with any copyright,
patent or trademark or other intellectual property right, or federal or state
right, pertaining thereto.
You shall not:
(i) use, or allow the use of, the Services or any Technology, except pursuant
to the limited rights expressly granted in these Terms; (ii) use the Services
in any manner that is inconsistent with user documentation, if any, supplied to
you by TEXTBOOKMONEY or inconsistent with TEXTBOOKMONEY's standard
security procedures, if any, accessible through your user interface; (iii)
attempt to reverse-engineer, hack into, or compromise any aspect of the
Services or Technology, or attempt to access data of any other customer of
TEXTBOOKMONEY; (iv) remove, obscure or alter any legal notices, including
notices of intellectual property rights appearing in or on any materials
delivered to you by TEXTBOOKMONEY; (v) use, post, transmit or introduce any
device, software or routine which interferes or attempts to interfere with the
operation of the Services; or (vi) use any robot, spider, scraper, deep link or
other similar automated data gathering or extraction tools, program, algorithm
or methodology to access, acquire, copy or monitor the Website or any portion
thereof, without our express written consent, which may be withheld in our sole
and absolute discretion.
You
shall not use, directly or indirectly, in whole or in part, any signature,
monogram, logo, trademark, service mark, or trade name that is now or may
hereafter be owned, licensed or used by TEXTBOOKMONEY (a " Mark") except in the
manner and to the extent approved in writing by TEXTBOOKMONEY prior to any such use, which approval may
be withheld in TEXTBOOKMONEY'
sole discretion. Any permitted use of a Mark shall be
immediately discontinued upon the termination or expiration of these Terms. You
hereby expressly disclaim any and all right, title, and interest in and to any
Mark whether or not used by you.
Your covenants and disclaimers in this section shall survive the
termination or expiration of this Agreement. You recognize and acknowledge the
validity and ownership of the Marks in the United States and other countries. You agree not to contest the ownership
of such marks. Except for the
limited rights granted above, you gain no license or proprietary rights in the
Marks and will not infringe upon, dilute, or harm TEXTBOOKMONEY'
rights with respect
to the Marks.
VI. USER-GENERATED/THIRD-PARTY
CONTENT
Overview. The Services may, from time to time,
allow users and third-parties to upload, post, or
otherwise transmit user-generated content, including but not limited to
comments, recommendations, banners, advertisements, pictures, reviews, images,
and other forms of data or communications ("User Content"). Your Posting of User Content and any
user's use of User Content is governed by these Terms.
The TEXTBOOKMONEY does not guarantee the accuracy or truthfulness of any
User Content.
User Obligations and License; Intellectual
Property. You alone own and are solely responsible
for all User Content you post, upload, or otherwise transmit (collectively "Post")
through the Services and once Posted, it cannot always
be withdrawn. You agree not to Post
through the Services any User Content which is false,
defamatory, infringes upon another party's intellectual property, or is
otherwise illegal. By Posting User
Content on the Services, you warrant and represent that you have the right to
post such information and that such information is truthful and accurate.
By Posting User
Content, you automatically grant, and warrant and represent that you have the
right to grant, TEXTBOOKMONEY a perpetual, irrevocable, royalty-free,
worldwide, non-exclusive, assignable, sublicensable, transferable license to
use, copy, perform, display, and distribute such User Content for any purpose
and to prepare derivative works of, or incorporate into other works, such User
Content.
You assume all
risks associated with your Posted User Content on the Services, including
anyone's reliance on its quality or reliability. By Posting User Content you may expose
yourself to liability if, for example, your Posted User Content contains
material that is false, intentionally misleading, or defamatory; violates any
third-party right, including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; contains material that is unlawful, including
illegal hate speech or pornography; exploits or otherwise harms minors; or
violates or advocates the violation of any law or regulation.
Rules of Conduct.
In addition to all other obligations and terms stated in these Terms,
you agree to abide by any rules of conduct or community guidelines posted on
the Services. TEXTBOOKMONEY reserves the
right to exclude or suspend any user who violates these rules of conduct, and
reserves the right, but does not undertake an affirmative obligation, to
remove, screen or edit any content which is contrary
to these rules without prior notice.
User Content does not
necessarily reflect the opinion of TEXTBOOKMONEY.
Communications Decency Act.
As provided in 47 U.S.C. 230(c)(1), TEXTBOOKMONEY is only a
distributer, and not the publisher or speaker, of any User Content. As such, TEXTBOOKMONEY cannot be held
liable for making available any User Content which may
be false or inaccurate. Any
information or opinions contained in the User Content made available through
the services are those of their respective authors alone. TEXTBOOKMONEY does not guarantee the
accuracy, completeness, or truthfulness of any User Content. Under no circumstances will TEXTBOOKMONEY
be responsible for any loss or damage resulting from any person's
reliance on any User Content.
Reservation of Rights.
Subject to Section VII below, regarding the DMCA, TEXTBOOKMONEY
reserves the right to remove or not remove any User Content from the Services
for any reason or no reason at all, in TEXTBOOKMONEY's sole discretion. This reservation includes the exclusive
right to decide whether to publish, withdraw, postpone, or alter any User
Content. TEXTBOOKMONEY reserves
the right, but does not undertake any affirmative obligation, to screen, monitor,
or filter User Content.
Information
Storage and Access. TEXTBOOKMONEY
reserves the right, in its sole discretion, to determine whether and how
long to store User Content and user data.
TEXTBOOKMONEY will not be responsible for any liability related to
the deletion or removal or any data or content maintained on the Services or TEXTBOOKMONEY'
servers.
Suggestions. By sending us any ideas, suggestions,
documents or proposals ("Feedback"),
you agree that (i) your Feedback does not contain the confidential or
proprietary information of third parties, (ii) we are under no obligation
of confidentiality, express or implied, with respect to the Feedback, (iii) we
may have something similar to the Feedback already under consideration or in
development, and (iv) you grant us an irrevocable, non-exclusive,
royalty-free, perpetual, worldwide license to use, modify, prepare derivative
works, publish, distribute and sublicense the Feedback, and you irrevocably
waive, and cause to be waived, against TEXTBOOKMONEY and its users any
claims and assertions of any rights, whether intellectual property rights or
otherwise, contained in such Feedback.
VII. DIGITAL
MILLENNIUM COPYRIGHT ACT
TEXTBOOKMONEY
respects the intellectual property rights of others and complies with
safe harbor provisions of the Digital Millennium Copyright Act ("DMCA").
Anyone who believes that their work
has been reproduced on the Website in a way that constitutes copyright
infringement may notify TEXTBOOKMONEY's copyright agent in accordance with
Title 17, United States Code, Section 512(c)(2), by providing the following
information:
1.
Identification of the copyrighted work that you
claim has been infringed;
2.
Identification of the material that you claim is
infringing and needs to be removed, including a description of where it is
located on the Website so that the copyright agent can locate it;
3.
Your address, telephone number, and, if
available, e-mail address, so that the copyright agent may contact you about
your complaint; and
4.
A signed statement that the above information is
accurate; that you have a good faith belief that the identified use of the
material is not authorized by the copyright owner, its agent, or the law; and,
under penalty of perjury, that you are the copyright owner or are authorized to
act on the copyright owner's behalf in this situation.
Notifications
of claimed infringement should be forwarded to:
Troy F.
Meyerson
500 Energy Plaza
409 South 17th
Street
Omaha, NE 68102-2663
If
you give notice of copyright infringement by text e-mail, TEXTBOOKMONEY's
copyright agent may begin investigating the alleged copyright infringement;
however, we must receive your signed statement by mail or as an attachment to
your e-mail before we are required to take any action.
TEXTBOOKMONEY reserves the right, in
its sole discretion, to terminate accounts for users that are deemed to be
repeat copyright infringers.
VIII. THIRD-PARTY SERVICES AND
SITES
The Services may use or provide access to
one or more third-parties to process payments, process
account or user registrations, or provide other services. Your interactions
with any of these third-parties is controlled by the
terms and conditions imposed by those third-parties. Any disputes arising
regarding a third-party's services must be resolved directly between user and
the third-party. TEXTBOOKMONEY
disclaims all warranties or representations regarding any third-party services.
With the
Services, You may direct us to retrieve information regarding your accounts
with third-party providers with which you (i) have a relationship, (ii)
maintain an account, or (iii) engage in online services ("Account
Information"). TEXTBOOKMONEY
makes no effort to
review the Account Information for any purpose, including, but not limited to,
accuracy, legality or non-infringement.
TEXTBOOKMONEY
is not responsible for
the products and services offered by or on third-party websites.
TEXTBOOKMONEY cannot always foresee or anticipate
technical or other difficulties that may result in failure to obtain data or
loss of data or other service interruptions. TEXTBOOKMONEY cannot assume responsibility for the
timeliness, accuracy, deletion, non-delivery or failure to store any data or
communications. For example, when
displayed through the Services, Account Information is only as fresh as the
time shown, which reflects when the information is obtained from the relevant
websites. Such information may be
more up-to-date when obtained directly from such sites. You can refresh your Account Information
through the Services, in the manner prescribed in the associated instructions.
IX. REPRESENTATIONS,
WARRANTIES, OR DISCLAIMERS
TEXTBOOKMONEY
. TEXTBOOKMONEY does not
represent or warrant and expressly disclaims any warranty that (i) any
information provided by the Services will be accurate, (ii) the Services
will be error-free or accessible at all times, (iii) defects will be
corrected, (iv) the Services or the server that makes them available, are
free of viruses or other harmful component, or (v) the use or the results
of the use of the Services will be correct, accurate, timely, or otherwise
reliable.
Further,
TEXTBOOKMONEY expressly disclaims any representation or warranty
relating to any products, services, or companies displayed, described,
advertised, reviewed, recommended, linked to, or pictured on the Services, if
any. TEXTBOOKMONEY does not
endorse any such products, services, or companies and does not warrant that any
such products, services, or companies are available, will meet the user's
needs, are appropriate for any particular use, or are of any certain quality. Likewise, TEXTBOOKMONEY does not
guarantee that any product, service, or company descriptions, reviews, portrayals,
specifications, or the like are accurate. Under no circumstances will TEXTBOOKMONEY
be responsible for any loss or damage resulting from any person's
reliance on any such product, service, or company descriptions, reviews, or
specifications contained on the Website.
THE
WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TEXTBOOKMONEY EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE FOREGOING, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR TRADE USAGE. TEXTBOOKMONEY DOES NOT WARRANT THAT
THIS WEBSITE'S SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE
OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE WEBSITE OR ITS SERVICES, OR AS TO THE ACCURACY,
RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED
THROUGH THE WEBSITE. THE FOREGOING
EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED
THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN
IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
TEXTBOOKMONEY
DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS,
SOFTWARE, OR SERVICE(S) CONTROLLED OR PROVIDED BY
THIRD PARTIES. AT TIMES, ACTION OR INACTION BY THIRD PARTIES CAN IMPAIR OR
DISRUPT THE SERVICES. TEXTBOOKMONEY
MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING
THE DATA, PRODUCTS, SOFTWARE OR SERVICE(S) CONTROLLED
OR PROVIDED BY ANY THIRD PARTY, INCLUDING THE PROVIDERS OF TELECOMMUNICATIONS
OR NETWORK PRODUCTS OR SERVICES.
SUCH DATA, PRODUCTS, AND SERVICES ARE NOT PROMISED TO BE FREE OF ERROR
OR INTERRUPTION, AND TEXTBOOKMONEY, ITS SERVICE PROVIDERS, AND SUPPLIERS
EXPRESSLY DISCLAIM ALL LIABILITIES ARISING FROM ANY SUCH ERROR, INTERRUPTION,
OR OTHER FAILURE. YOU ACKNOWLEDGE
THAT AN INTERRUPTION IN SERVICE(S) DUE TO
CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF TEXTBOOKMONEY SHALL BE
CONSIDERED A FORCE MAJEURE EVENT.
FURTHER, TEXTBOOKMONEY DISCLAIMS ALL RESPONSIBILITY, WARRANTIES, AND
LIABILITY FOR DELAY, INTERRUPTION, OR INEFFICIENCY ATTRIBUTABLE TO YOUR
HARDWARE OR SOFTWARE OR THAT OF ANY OTHER THIRD PARTY.
If
you access the Services through a mobile device, your wireless service carrier
may charge you data rates and related fees.
Your Representations,
Warranties, and Obligations. You agree to observe the highest
standard of integrity and fair dealing and conduct your business in a manner
that will reflect favorably on TEXTBOOKMONEY; avoid any deceptive, misleading, or unethical practice
that may be detrimental to TEXTBOOKMONEY; and carry out the terms and conditions of this Agreement
diligently and in good faith. In
addition, you shall be liable to us for any damages caused by any intentional
or illegal acts committed by you (and your clients or customers) in connection
with your use of the Services.
The
Services may only be used in accordance with this Agreement. You shall comply at all times with all
applicable laws and regulations and our operating procedures, as modified from
time to time, to the extent applicable to the Services. You warrant and undertake that you shall
not use the Services for any illegal, fraudulent, immoral, or prohibited
purpose; in breach of third party rights; or in a manner that violates any
applicable law or regulation, or otherwise exposes us to legal liability,
whether or not this use is authorized or consented to by us (each such
circumstance, "Service Misuse").
Notwithstanding anything to the contrary and in addition to any other
remedies available at law or in equity, TEXTBOOKMONEY, in its sole
discretion, may immediately suspend and/or block access to the Services,
without notice, in order to prevent any Service Misuse or any harm to
TEXTBOOKMONEY, its employees, and its business, and you shall indemnify
TEXTBOOKMONEY in respect of any losses, liabilities, costs, and expenses
incurred as a result of a breach by you of this section. If TEXTBOOKMONEY elects to suspend
Services, no Service interruption shall be deemed to occur. Customer shall not be relieved of its
payment obligations and TEXTBOOKMONEY shall have no responsibility to or
liability for Services during such period of suspension.
You represent
and warrant that (i) you have the legal right and authority to enter into this
Agreement and to perform your obligations hereunder; (ii) you will comply with
all applicable State and Federal laws and regulations and will not cause any
material breach of any agreements with any third parties; (iii) you will not
post content and other media that contains or promotes, or links to another
website that contains or promotes, libelous, defamatory, abusive, violent,
prejudicial, obscene, sexually explicit or illegal content, products, services
or activities; (iv) you own or have the legal right to use and distribute all
content, data, copyrighted material, products, and services displayed in
connection with the Services or provided by you to TEXTBOOKMONEY; (v) you
shall not offer or promote products or services (or websites or links to
websites) containing any pornographic, racially or ethnically discriminatory,
political, software pirating or hacking, hate-mongering, or otherwise
objectionable or illegal content; and (vi) you shall at no time use TEXTBOOKMONEY'
proprietary software or any materials provided by TEXTBOOKMONEY or
any third party in the Services in any manner other than that which is
specifically contemplated herein.
In the event that you distribute content for which you do not have the
necessary intellectual property rights (or related rights), you shall
indemnify, defend, and hold us harmless from and against, and assume liability
for, all suits, actions, damages, or claims of any character brought against us
resulting from such distribution.
X. HYPERLINKS
A link from the Services to a non-TEXTBOOKMONEY website does not
mean that TEXTBOOKMONEY endorses or accepts any responsibility for the
content, functioning, policies, or use of such website, and you enter any such
website at your own risk. It is
your responsibility to take precautions to ensure that whatever websites or
other online materials that you select for use are free of viruses and other
items of a destructive nature.
Additionally, we suggest you review the linked site's terms of service and
privacy policy, and if you do not agree to be bound by the terms of that site,
terminate your visit to that site.
We are not responsible for the privacy policies and practices of the
sites operated by our business partners or other third-parties.
TEXTBOOKMONEY
expressly disclaims any liability related to such sites. TEXTBOOKMONEY
also prohibits unauthorized hypertext links to the Website or the framing
of any content available through the Website. TEXTBOOKMONEY reserves the right to
disable any unauthorized links or frames.
XI. COMPLIANCE
AND PROHIBITED ACTIONS
You
will not use the Services in any way or for any purpose that would violate, or
would have the effect of violating, any applicable laws, rules or regulations
or any rights of any third-parties, including without limitation, any law or
right regarding any copyright, patent, trademark, trade secret, or other
proprietary or property right, false advertising, unfair competition,
defamation, invasion of privacy, rights of celebrity, or other federal or state
law, rule, or regulation. You
also agree to comply with any and all applicable third party network terms and
conditions and associated program rules and policies.
XII. INDEMNIFICATION
You agree to
indemnify, hold harmless and defend TEXTBOOKMONEY, its directors,
employees, agents, or affiliates (collectively the "Indemnified Parties")
at your expense, against any and all third-party claims, actions, proceedings,
and suits brought against any of the Indemnified Parties, and against all
related liabilities, damages, settlements, penalties, fines, costs or expenses
(including, without limitation, reasonable attorneys' fees) incurred by the
Indemnified Parties arising out of or relating to (i) your breach of any
term or condition of these Terms, (ii) your Posting of User Content,
(iii) your use of the Services, (iv) your unauthorized use of the
Services, (v) your use of the Services to place a pixel or other technology on
any website or application that does not affirmatively allow the use of such
technologies; or (vi) your violation of any rule, regulation, or privacy policy
regarding the collection, use, and disclosure of user information. In such a case, the Indemnified Party or
Parties will provide you with written notice of such claim, suit or
action. You shall cooperate as
fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will
reserve the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
XIII. LIMITATIONS
OF LIABILITY
TEXTBOOKMONEY
WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF
PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM,
WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR
CONTRIBUTION, OR OTHERWISE, EVEN IF TEXTBOOKMONEY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY
NOT APPLY TO YOU.
NOTWITHSTANDING
ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, TEXTBOOKMONEY'S
CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES
RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO
THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID
BY YOU FOR THE TEXTBOOKMONEY PRODUCTS OR SERVICES SUBJECT TO THESE TERMS DURING
THE PREVIOUS SIX (6) MONTHS, OR (2) FIVE HUNDRED AND 00/100 DOLLARS ($500.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY
IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF
THE SERVICES.
XIV. TERM
AND TERMINATION
The term of this
Agreement shall be one (1) month and shall automatically renew for successive
one-month terms, unless you give us written notice of termination via email to
our support desk, or unless otherwise terminated as provided herein. Upon final termination of the
Service(s), your right to use such Service(s) shall immediately cease.
You may
terminate this Agreement (and all Orders) upon our breach of a material
covenant, term, or condition of this Agreement; provided that (i) you give us
advance ten (10) calendar days written notice of such breach, and (ii) we have
an opportunity to cure such breach, if curable, within the applicable notice
period.
We may terminate
this Agreement (and all Orders) for any reason, including convenience; provided that we give you sixty (60) calendar days'
written notice of such intent to terminate. If, however, we block or suspend
Services because of a Service misuse, we shall then have the right to
immediately terminate this Agreement without giving notice.
If, as result of
your breach, TEXTBOOKMONEY terminates this Agreement or any Order before
the completion of the Service Term or any subsequent renewal period, then you
shall be responsible for payment for the full balance remaining of any monthly
recurring charges payable through the end of the then current term of any
Services provided hereunder; provided, however, if alternative early
termination penalties associated with the terminated Services are specified in
the Insertion Order, you shall pay such early termination penalties. You acknowledge
that the amounts payable pursuant to the immediately preceding sentence are
equitable compensation to us and are intended to compensate us for the losses
that would be caused by your failure to honor your obligations with respect to
such Service(s).
Upon the
effective date of termination of this Agreement or an Order for any reason,
including for breach, convenience, or for any other reason, and as applicable
to termination of the Agreement or Order: (i) we may cease providing the
Service(s); (ii) you shall pay any and all undisputed invoices for Service(s);
(iii) you will not be entitled to any refunds of any Service Fees or any other
fees; (iv) all of your historical data will no longer be available to you; and
(v) within thirty (30) days of termination, each Party will return all
Confidential Information of the other Party in its possession and will not make
or retain any copies of such Confidential Information.
XV. PRIVACY
The
Website is governed by the TEXTBOOKMONEY.com
Privacy
Policy which is incorporated into these Terms by this
reference. Please read the Privacy
Policy before accessing the Website or Services or providing any personal
information through the Services.
By
submitting your contact information to TEXTBOOKMONEY, you consent to TEXTBOOKMONEY
contacting you via any of the contact information you provide, including
telephone or email. You also consent to TEXTBOOKMONEY disclosing your
submitted information to third-parties for marketing
purposes. By providing us
with your e-mail address, you agree to receive all required notices
electronically at that e-mail address.
It is your responsibility to update or change that address, as
appropriate.
You agree that TEXTBOOKMONEY
and its affiliated
companies and agents may collect, maintain, process and use diagnostic,
technical, usage and related information, including, but not limited to,
technical information about your computer, system, links, traffic, application
software and peripherals, that is gathered through use of the Services to
facilitate the provision of updates to the Services, support and other services
to you and other users related to the Services, and to verify compliance with
the terms of this Agreement. In
addition, you agree that TEXTBOOKMONEY and its affiliated companies and agents may collect,
maintain, process and use the personal information of your customers that is
supplied to us (or obtained by us) in connection with the Services.
XVI. CONFIDENTIALITY
Each
Party (the "Receiving Party") recognizes that the other Party (the
"Disclosing Party") may from time to time furnish to the Receiving
Party information of a proprietary or confidential nature (including, without
limitation, pricing information, data, know-how, manuals, and reports) relating
to the Disclosing Party ("Confidential Information"). The Receiving Party shall (a) use
Confidential Information only to the extent necessary in order to perform its
obligations pursuant to this Agreement; (b) use commercially reasonable efforts
to preserve and safeguard the proprietary or confidential nature of all
Confidential Information; (c) not use the Disclosing Party's Confidential
Information for competing with the Disclosing Party or for any purpose not
solely in furtherance of the Receiving Party's performance under this
Agreement; and (d) not disclose to any person or entity (other than the
Receiving Party's agents and employees on a need-to-know basis) any
Confidential Information except with the Disclosing Party's prior consent.
The
obligations under this section shall not apply to the disclosure or use of
Confidential Information that (i) is or becomes publicly known by some means
other than by breach of this section or by some other action by the Receiving
Party; (ii) is obtained without restriction by the Receiving Party on a non‑confidential
basis from a third party lawfully possessing and lawfully entitled to disclose
such information; (iii) is previously known by the Receiving Party as evidenced
by written material containing such information; (iv) is at any time
independently developed by the Receiving Party without use or reference to any
Confidential Information; or (v) is required to be disclosed by a government or
judicial entity having proper jurisdiction over the Receiving Party, provided
that the Receiving Party promptly provides the Disclosing Party notice and an
opportunity to seek a protective order.
Neither
Party shall disclose the terms and conditions of this Agreement to any person
or entity without the prior written consent of the other Party, except as
required to do so by a government entity having proper jurisdiction over the
disclosing Party. The provisions of
this section shall survive for a period of five (5) years following any
termination or expiration of this Agreement.
XVII. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside and to comply with any
other local laws affecting the transmission or posting of content or affecting
the privacy of persons.
XVIII. APPLICABLE
LAW AND VENUE
These Terms
shall be governed by and construed under the laws of the state of Georgia
without reference to its conflicts of law principles. In the event of any conflicts between
foreign law, rules, and regulations, and Georgia law, rules, and regulations, Georgia
law, rules and regulations shall prevail and govern. Each party agrees to submit to the
exclusive and personal jurisdiction of the courts located in the State of Georgia. The United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer
Information Transactions Act shall not apply to these Terms. The services provided by TEXTBOOKMONEY
hereunder are controlled by U.S. Export Regulations, and they may not be
exported to or used by embargoed countries or individuals. Any notices to TEXTBOOKMONEY must be
sent to:
Keyword Rockstar Inc.
210
Washington St. NW #203
Gainesville,
GA 30501
via first class or air mail or overnight courier, and are
deemed given upon receipt.
XIX. NO
CLASS ACTIONS
You may only resolve disputes with us on an individual
basis, and may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action.
XX. FORCE
MAJEURE
Neither Party
shall be responsible for any failure to perform its obligations under these
Terms, except for your obligation to pay for Services already provided by us,
if such failure is unforeseeable by the affected Party or beyond the reasonable
control of the affected Party, such as acts of God, acts of civil or military
authority, government regulations, labor strikes, embargoes, epidemics, war,
terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, power blackouts, volcanic action, other major environmental
disturbances or unusually severe weather conditions.
XXI. ASSIGNMENT
You may not
assign or otherwise transfer this Agreement or any of your rights or
obligations hereunder without TEXTBOOKMONEY's prior written consent, which
may not be unreasonably withheld.
Any such attempt is void.
If, notwithstanding the foregoing, this Agreement is assigned pursuant
to the provisions of the United States Bankruptcy Code or similar foreign
statute (or any future United States or foreign bankruptcy law), the assignee
hereof shall be deemed, without further act or deed, to have assumed all of the
obligations of the assigning Party hereunder. Any such assignee shall, upon demand,
execute and deliver to TEXTBOOKMONEY an instrument confirming such
assumption. Subject to the
foregoing, this Agreement shall be binding upon and inure to the benefit of the
Parties and their respective successors and assigns.
XXII. MISCELLANEOUS
These Terms
(including any amendment agreed upon by the parties in writing) represent the
complete agreement between us concerning its subject matter, and supersedes all
prior agreements and representations between the parties. If any provision of
these Terms are held to be unenforceable for any reason, such provision
shall be reformed to the extent necessary to make it enforceable to the maximum
extent permissible so as to affect the intent of the parties, and the remainder
of these Terms shall continue in full force and effect. A waiver of any default is not a waiver
of any subsequent default. The
relationship between TEXTBOOKMONEY and you is not one of a legal
partnership relationship, but is one of independent contractors. These Terms shall be binding upon and
inure to the benefit of the respective successors and assigns of the parties
hereto.
TEXTBOOKMONEY
may be contacted at the following:
Keyword Rockstar Inc.
210
Washington St. NW #203
Gainesville,
GA 30501
