1. License and Site Access
All of the material in this site is owned by or licensed to BooksGoat. BooksGoat provides this material to provide information about products, services and other information. BooksGoat grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the contents of the Site (the “Contents”). This license does not include any right to (a) download (other than page caching), reproduce, copy or modify the Site or Contents, or any portion or derivative thereof; (b) the resale or commercial use of any collection or any product listings, descriptions or prices (unless you have business relationship with BooksGoat which authorizes such use); (c) any derivative use of this Site or the Contents; (d) any downloading or copying of account information for the benefit of another merchant; (e) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BooksGoat or (f) use any metatags or any other "hidden text" utilizing BooksGoat name or trademarks.
You may download one copy of the material for your own personal, noncommercial use on your own personal home computer. You may not copy or make any changes to downloaded materials. Downloaded materials remain the property of BooksGoat. Except as provided above, you may not copy, distribute, or publish materials from this Site without BooksGoat prior written consent.
4. Age of Users
The Site is targeted to college students. Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Minor, you are fully responsible for the Minor’s use of the Site, including all financial charges and legal liability that the Minor may incur. Your access to, and use of, the Site is subject to all applicable federal, state and local laws and regulations. Use of this Site is void where prohibited. By using this Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
5. Account Registration and Payments
Any payments made via the Site will be processed and charged by the third party or company designated by BooksGoat in accordance with the payment method that you select at the time of payment. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such payment and that you are either the holder of such card (i.e. that the card is issued in your name), or you are authorized to use the credit card by the holder.
6. Intellectual Property
Unless otherwise noted, all images, photographs, animations, video, audio, music, and text, the overall "look and feel", processes, software, technology, and other materials and Content which appear on the Site, and the business processes used to market products and services are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BooksGoat, one of its affiliates or by third parties who have licensed their materials to BooksGoat and are protected by U.S. and international copyright and other intellectual property laws. The compilation of all contents on this Site is the exclusive property of BooksGoat and is also protected by copyright laws.
BooksGoat and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of BooksGoat or any third party's intellectual property rights.
The BooksGoat names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of BooksGoat Intellectual Property, LLC, and its affiliates and parent companies. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
7. Other Businesses
Parties other than BooksGoat operate stores, provide services, or sell product lines on this Site. In addition, BooksGoat provides links to the sites of affiliated companies and certain other businesses. BooksGoat is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BooksGoat does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
8. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
Much of the information on the Site is updated on a regular basis and is proprietary or is licensed to BooksGoat by our suppliers and other third parties. You agree not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, device, technique, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, crawlers, avatars or intelligent or automated tools, agents or means of data gathering and extraction;) to navigate, access or search this Site, other than generally available third party web browsers such as Microsoft Internet Explorer™, Google Chrome™, and Mozilla Firefox™. Additionally, you agree that you will not take any action that imposes or may impose (in the sole discretion of BooksGoat or its suppliers affected by your action) an unreasonable or disproportionately large load on BooksGoat infrastructure, or the bandwidth or infrastructure of the company that hosts the Site, or bypass the robot exclusion headers or other measures on the Site or on the host servers that may be used to prevent or restrict access.
9. Violation of the Terms
Any unauthorized use terminates the permission granted by BooksGoat. BooksGoat shall have the right to temporarily or indefinitely suspend or terminate your right to use or access all or any part of the Site, including any account therein, without notice and without liability to you, for any reason in BooksGoat sole discretion, including if you violate any of the Terms. BooksGoat shall have all additional rights and remedies at law and in equity arising from such violation.
You agree to indemnify, defend and hold BooksGoat, and its affiliates, suppliers, employees and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or relating to use of the Site by you or arising out of or relating to a breach by you of these Terms. If you violate or infringe upon the rights of any third party, they shall have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions.
BooksGoat makes every reasonable effort to provide accurate information via this Site. BooksGoat, its employees, affiliates, and suppliers make no warranty or representation as to the accuracy of information and assume no liability for any errors or omissions in any portion of the Contents. BooksGoat reserves the right to change or discontinue any or all parts of this Site, including inventory availability and prices. All information provided through this Site is subject to change without prior notice at any time. The price information provided and all orders submitted are considered to be an offer to purchase and are not accepted until the credit card transaction is processed and the order shipped. If BooksGoat discovers that an item ordered is incorrectly priced, BooksGoat will notify you and obtain permission to correct the error before processing the transaction. If a requested item is out of stock, BooksGoat will notify you to determine if the item should be backordered, a substitution made, or your order cancelled.
The materials in this Site may be updated and/or corrected at any time. Occasionally the materials may include unintentional errors or inaccuracies. Some references to materials are intended to be funny and are inaccurate or incorrect. BooksGoat makes no representations regarding the accuracy or your use of the material on this Site.
12. Click-Through Agreements
Before using certain areas of the Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY BOOKSGOAT ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOKSGOAT DISCLAIMS ALL WARRANTIES, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THE FOLLOWING: (A) AS TO THE OPERATION OF THE SITE; (B) THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; (C) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (E) THAT THE SITE, ITS SERVERS OR E-MAILS SENT FROM OR ON BEHALF OF BOOKSGOAT ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
14. Limitation of Liability
BOOKSGOAT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO BOOKSGOAT 'SRECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BOOKSGOAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT EVEN IF BOOKSGOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
15. No Waiver
Any delay or failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches.
16. Applicable Law; Severability
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska. If any provision of these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms, which shall be given full effect. You agree that any and all disputes, claims and causes of action arising out of or connected with the use or this Site or on-line ordering from BOOKSGOAT(i) shall be resolved individually, without resort to any form of class action; and (ii) shall be resolved exclusively by the United States District Court or the appropriate Nebraska court located in Lancaster County, Nebraska, and you agree to submit to the nonexclusive personal jurisdiction of such courts and waive any objection to the laying of venue of any litigation in said courts.
If any of the above terms are unlawful, unenforceable, or void, such term(s) will be deemed severable and will not affect the validity or enforceability of the remaining terms.
18. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send BOOKSGOAT a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BOOKSGOAT to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19. Changes to BOOKSGOAT.com Terms and Conditions of Use
These Terms were last updated on August 1st 2017. BOOKSGOAT reserves the right to update or modify these Terms at any time without prior notice to you. For this reason, BOOKSGOAT recommends that you review these Terms whenever you visit the Site. These Terms represent the entire agreement between you and BOOKSGOAT regarding the use of the Site.
You authorize BOOKSGOAT to send you notifications and order receipts to the email address(es) you provide. You confirm that you are the only person who opens e-mail at the address(es) you have provided or that if anyone else opens the e-mail, you waive any claims of a violation of your privacy or of potential third party disclosure in favour of the convenience of communicating via e-mail.