Terms of Use
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “BusinessBookstore.com”, “us” or “our” refers to BusinessBookstore.com, Inc. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below,
is strictly prohibited. You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site does not constitute a waiver
of any right in such information and materials. Some of the content on the site is the copyrighted work
of third parties.
3. Service Marks.
"BusinessBookstore.com" and others are either service marks or registered service marks of BusinessBookstore.com,
Inc ("BusinessBookstore.com"). Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of the Site or its contents may be used by
you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or any Content and Materials
retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database, information base, or similar resource (in any
media now existing or hereafter developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content
and Materials from the Site in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or
manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web sites sample and actual forms, checklists,
business documents and legal documents (collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any
right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided
for a charge and without any representations or warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to ensure the desired result.
You should consult with legal counsel to determine the appropriate legal or business documents necessary
for your particular transactions, as the Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and does not constitute
legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not
a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested,
you agree to provide us with accurate, complete registration information. Your registration must be done
using your real name and accurate information. Each registration is for your personal use only. We do not
permit (a) any other person using the registered sections under your name; or (b) access through a single
name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible
for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party content represent solely the thoughts of
the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any
action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the
Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site
or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND
SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or services. You understand that we do
not operate or control the products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of or purchase from such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you
while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has authority to make any representations or
commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review
this Privacy Policy by clicking on Privacy Policy.
22. Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i)
any credit information you supply is true and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services, as well as our intentions, plans
and objectives (particularly with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you
do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you
to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim
has been infringed;
c. A description of where the material that you claim
is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims
of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent
at adminstrator@BusinessBookstore.com
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation
to update this information or any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Site and the Content and Materials provided therein.
28. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Dallas, Texas, and shall
be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict
of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16
and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly
for or against any party. This Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
29. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services,
excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating
to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration
in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award
may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary
relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of
you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and
costs incurred through JAMS.
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