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This
web site ("Site") is offered to you conditioned upon your acceptance
without modification of the terms and conditions contained herein ("Terms
of Use"). Books in Common ("Company") may revise these Terms
of Use at any time by updating this posting. You should visit this page
periodically to review the Terms of Use, because they are binding on you.
By accessing, browsing, and/or using this Site, you acknowledge that you
have read, understood, and agree to be bound by these Terms of Use and
to comply with all applicable laws and regulations, including U.S. export
and re-export control laws and regulations. The material provided on this
Site is protected by law, including, but not limited to United States copyright
laws and international treaties. This Site is operated by the Company from
its offices within the United States. The Company makes no representation
that materials in this Site are appropriate or available for use in other
locations, and access to them from territories where their contents are
illegal is prohibited. If you do not agree to these Terms of Use, do not
use this Site.
Section
1. Use Restrictions.
The contents posted by the Company on this Site, such as text, graphics,
images and other material ("Materials"), are protected by copyright
under both United States and foreign laws. Unauthorized use of the Materials
may violate copyright, trademark, and other laws. Except as stated herein,
none of the Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of the Company or the
copyright owner. The Company authorizes you to view and download a single
copy of the Materials on the Site solely for your personal, non-commercial
use. You must retain all copyright and other proprietary notices contained
in the original Materials on any copy you make of the Materials. You may
not sell or modify the Materials or reproduce, display, publicly perform,
distribute, or otherwise use the Materials in any way for any public or
commercial purpose. The use of the Materials on any other web site or in
a networked computer environment for any purpose is prohibited.
If you violate
any of these Terms of Use, your permission to use the Materials automatically
terminates and you must immediately destroy any copies you have made of
the Materials.
You may not,
without the Company’s permission, "mirror" any Materials
contained in this Site or any other server. Any unauthorized use of any
Materials contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations
and statutes.
You may not
use the Site for any purpose that is unlawful or prohibited by these Terms
of Use. You may not use the Site in any manner that could damage, disable,
overburden, or impair the Site, or interfere with any other party’s
use and enjoyment of the Site. You may not attempt to gain unauthorized
access to the Site through hacking, password mining or any other means.
The Company
reserves the right, in its sole discretion, to terminate your access to
the Site or any portion thereof at any time, for any reason or for no reason
at all, without prior notice, or any notice.
Section
2. Company’s Liability.
The Materials may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness,
or timeliness of the Materials or about the results to be obtained from
using the Site and the Materials. Your use of the Site and the Materials
is at your own risk. Changes are periodically made to the Site and may
be made at any time.
THE COMPANY
DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF
YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE SITE
AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS
FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section
3. Limitation of Liability and Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE Internet GENERALLY,
INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY
CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED
ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY
USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH
THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
Section
4. Privacy and Protection of Personal Information.
See our Privacy Policy incorporated herein by reference, for disclosures
relating to the collection and use of information that personally identifies
you ("Personal Information").
Section
5. User Submissions.
The Company does not claim ownership of any material, information or idea
a user provides to the Company (including feedback and suggestions), or
post, upload, input or submit ("Posting") to this Site by any
means ("Submissions"). Any Submission, however, will be treated
as non-confidential and non-proprietary, and may disseminated or used by
the Company or its affiliates for any purpose whatsoever. By Posting your
Submission, you automatically grant the Company a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display such Submission alone or as
part of other works in any form, media, or technology whether now known
or hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees. Notwithstanding the foregoing, all Personal Information
provided to the Company will be handled in accordance with our Privacy
Policy.
Section
6. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
arising out of or resulting from your use of the Site or the Materials
on the Site or your breach of these Terms of Use. The Company shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or proceeding.
Section
7. Export Control.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export the
Materials to countries or persons prohibited under the export control laws.
By downloading the Materials, you are agreeing that you are not in a country
where such export is prohibited or are a person or entity to which such
export is prohibited. You are responsible for compliance with the laws
of your local jurisdiction regarding the import, export, or re-export of
the Materials.
Section
8. Links to Other Sites.
The Site may contain links to third party web sites ("Linked Sites").
These links are provided solely as a convenience to you and the inclusion
of any link does not imply endorsement by the Company of such Linked Site,
or any association with its operations. The Company is not responsible
for the content of any Linked Site and does not make any representations
regarding the content or accuracy of materials on such Linked Sites. The
Company is not responsible for any transmission received from any Linked
Site, nor is the Company responsible if the Linked Site is not working
appropriately. If you decide to access a Linked Site, you do so at your
own risk.
Section
9. General.
This Site is based in the Commonwealth of Massachusetts, United States
of America. The Company makes no claims the Materials are appropriate or
may be downloaded outside of the United States. Access to the Site and/or
the Materials may not be legal by certain persons or in certain countries.
If you access the Site from outside of the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction. These Terms of Use are governed by the internal substantive
laws of the Commonwealth of Massachusetts, without respect to its conflict
of laws principles. If any provision contained herein is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of set forth
herein, which shall remain in full force and effect. No waiver of any term
hereunder of these Terms of Use shall be deemed a further or continuing
waiver of such term or any other term. These Terms of Use constitute the
entire agreement between you and the Company with respect to the use of
the Site. Any changes to these Terms of Use must be made in writing, signed
by an authorized representative of the Company to be binding on the Company.
Notwithstanding the foregoing, the Company, at its sole discretion and
without notice, may revise these Terms of Use at any time by updating this
porting.
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