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Useragreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH coyotebookswap.com OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for coyotebookswap.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.coyotebookswap.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
If you have any questions, please email us at info@coyotebookswap.com. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of coyotebookswap.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a coyotebookswap.com user. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. You should review these terms and conditions periodically to become familiar with any amendments. Your continued use of the Site after the effective date of an amendment shall constitute your acceptance of such amendment. This Agreement is effective upon acceptance in registration for new registering users.
Membership Eligibility Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended coyotebookswap.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or legal guardians. If you do not qualify, please do not use our Site. Further, your coyotebookswap.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services Joining and posting books on coyotebookswap.com is free. You acknowledge that coyotebookswap.com reserves the right to charge for the coyotebookswap.com services and to change its fees from time to time in its discretion. If coyotebookswap.com terminates your membership because you have breached the agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
coyotebookswap.com is a Venue
3.1 coyotebookswap.com is an online marketplace connecting consumers looking to either buy or sell a textbook to a merchant. The Site acts as a venue to allow anyone to offer, sell, and buy a textbook.
We are not involved in the actual transaction between buyers and sellers and shall have no liability or responsibility for any transaction. As a result, we have no control over the quality of the items advertised, the truth or accuracy of the listings or the ability of sellers to sell items. We cannot ensure or guarantee that a seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
3.2 User verification on the Internet is difficult, coyotebookswap.com tries to confirm each user's purported identity.
3.3 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and coyotebookswap.com is not responsible for the acts or omissions of users on the Site.
Listing and Selling
4.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions relevant to the sale of that item.
4.2 Fraud. Without limiting any other remedies, coyotebookswap.com may suspend or terminate your account if we in our sole discretion suspect that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or any other practices that are offensive, harmful, inaccurate or deceptive.
Your Information
5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than coyotebookswap.com's (this does not prevent linking to or advertising an coyotebookswap.com item from another web site).
5.3 License. To enable coyotebookswap.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. coyotebookswap.com will only use Your Information in accordance with our Privacy Policy.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to coyotebookswap.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of coyotebookswap.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, refuse to provide our services to you or take such other action we deem reasonable in our sole discretion if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Private Policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. If you object to your Information being transferred or used in this way please do not use our services.
No Warranty
WE, OUR OWNER, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OWNER, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit
IN NO EVENT SHALL WE, OUR OWNER, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Indemnity
You agree to indemnify and hold us and (as applicable) our owner, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any person due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of such person.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and coyotebookswap.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
In the event a dispute arises between you and coyotebookswap.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and coyotebookswap.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved by mutual agreement upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
General
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.