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* Customer Agreement:	AbeBooks™ Web Site Terms and Conditions Last Revised September 28, 2006 THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE ABEBOOKS WEBSITES (THE "WEBSITES") OPERATED BY ABEBOOKS INC. ("ABEBOOKS"). BY USING THE WEBSITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITES. 1. CHANGES TO THESE TERMS AND CONDITIONS AbeBooks may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Websites from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Websites. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Websites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read. 2. THE ABEBOOKS CUSTOMER AGREEMENT These Terms and Conditions supplement the AbeBooks Customer Agreement, which applies to registered AbeBooks customers. The AbeBooks Customer Agreement may be viewed by clicking here. 3. PERMISSION TO USE THE WEBSITES The Websites may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Websites must comply with all applicable laws. The Websites may not be used by persons in jurisdictions where access to or use of the Websites or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Websites. AbeBooks may in its discretion refuse permission to access and use the Websites. The Websites are made available to you for your lawful, personal, non-commercial use only. You may access and browse the Websites only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Websites for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Websites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of AbeBooks. You may not reproduce, copy, duplicate, sell, or resell any part of the Websites or access to the Websites. 4. DISCLAIMER The Websites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Websites; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Websites. Regardless of the nature of the claim or the reasons for the loss and damages, AbeBooks’ liability is limited to foreseeable and direct damages only. AbeBooks will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by you or any other person. In no event will AbeBooks’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by AbeBooks or any person for whom AbeBooks is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement. 5. NO ADVICE The Websites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Websites. 6. COMMUNICATIONS Communications sent to AbeBooks by means of the Websites or e-mail are not considered delivered or effective unless and until they are actually received and processed by AbeBooks’ responsible representative. 7. WEBSITE CONTENT AbeBooks is not obliged to monitor, screen, police or edit the use of the Websites, including postings of materials to the Websites, although AbeBooks reserves the right to do so in its discretion. AbeBooks will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Websites, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Websites or their content by sending an e-mail to webmaster@abebooks.com. 8. OWNERSHIP OF THE WEBSITES Copyright © AbeBooks Inc. 2006. All Rights Reserved. The Websites and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Websites) are the property of AbeBooks and others, and are protected by international copyright and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or their content. 9. TRADEMARK INFORMATION ABEBOOKS™, ABEBOOKS.COM™, ABEBOOKS.CA™, the ABEBOOKS logo, FINDING BOOKS JUST GOT EASIER™, and THE ULTIMATE BOOKMARK™ are registered and unregistered trademarks, service marks, and trade names owned or licensed by AbeBooks. Other product and company names and logos appearing on the Websites may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Websites, except as expressly provided in these Terms and Conditions, is strictly prohibited. Nothing appearing on the Websites or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Websites. 10. OTHER SITES The Websites may include advertisements for, and links to, other websites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from AbeBooks, and AbeBooks has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. AbeBooks does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against AbeBooks arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. 11. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS Links to the Websites without the express written permission of AbeBooks are strictly prohibited. To request permission to link to the Websites, please contact marketing@abebooks.com. The framing, mirroring, scraping or data-mining of the Websites or any of their content in any form and by any method are strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post comments, communications, or any other data of any kind to or on the Websites with the intention that other users of the Websites may view such postings. 12. PERSONAL INFORMATION PRIVACY AbeBooks collects, uses, and discloses your personal information in accordance with its Privacy Policy, which may be viewed by clicking here. AbeBooks may change its Privacy Policy from time to time in its sole discretion. Each time you use the Website, you consent to AbeBooks’ collection, use and disclosure of your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to you or any other person. 13. UNSOLICITED SUBMISSIONS If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to AbeBooks or the Websites, you automatically grant (or warrant that the owner of the Submissions grants) to AbeBooks and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of AbeBooks or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of AbeBooks and its assigns. 14. SOFTWARE AGREEMENTS AbeBooks may cause software to be available for you to download from the Websites or through other websites. The software is protected by copyright. These Terms and Conditions and the software license agreement specific to the software govern your downloading and use of the software. 15. OTHER MATTERS These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. For all disputes between AbeBooks and you or any other person arising from, connected with or relating to the Websites, these Terms and Conditions, transactions facilitated or conducted through the Websites, Items ordered or purchased through the Websites, dealings between You and AbeBooks, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties. You expressly request and require that these Terms and Conditions be drawn up in the English language. Any rights not expressly granted in these Terms and Conditions are reserved to AbeBooks. These Terms and Conditions are subject to change without notice. AbeBooks' Customer Agreement Last Revised September 28, 2006 Thank you for choosing AbeBooks for purchasing those much sought after books! This agreement between you and AbeBooks Inc. ("AbeBooks") explains how you can use our Web sites and buy books listed on our Web sites. Use of AbeBooks Web sites is governed by this agreement. By registering as an AbeBooks customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. 1. Who is AbeBooks? AbeBooks operates a number of Web sites, including but not limited to abebooks.com, abebooks.de, abebooks.fr, abebooks.co.uk, abebooks.it and iberlibro.com, (collectively the "Web sites") that allow registered AbeBooks customers ("Customers") to purchase new, used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (collectively, "Items") from booksellers around the world ("Booksellers") acting on their own behalf. 2. Who Can Be a Customer? Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Customer and purchase books through the Web sites. Customers must comply with all applicable laws. All information submitted by Customers through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete. Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement. 3. How This Works The Web sites are a marketplace for Booksellers and Customers. Customers buy Items from Booksellers, not from AbeBooks. AbeBooks only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Customers or Booksellers. AbeBooks is not involved in transactions between Customers and Booksellers. Only Customers and Booksellers (not AbeBooks) are responsible for all transactions through the Web sites and the terms and conditions of all transactions. Orders placed through the Web sites are forwarded to the selected Bookseller by electronic mail (e-mail) for acceptance and fulfillment by the Bookseller. AbeBooks accepts payments made by Visa or MasterCard, while the bookseller may accept payments made by other methods. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under Your password. You must immediately notify AbeBooks of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. AbeBooks is not under any obligation to verify the actual identity or authority of the user of any password. 4. Buying on Behalf of a Third Party If a Customer places an order on behalf of another person, this third party’s contact information must be communicated to the Bookseller, along with the Customer’s information. A bookseller is not required to communicate with the person that an order was placed on behalf of. 5. Returns If you are dissatisfied with your purchase, you are eligible for a refund within 30 days of the estimated delivery date. Refer to the AbeBooks 30-Day Returns Policy for details on how to initiate returns. If you need to return a book that was purchased on your behalf, the Customer who made the purchase will also have to initiate the return. 6. Misprints and Orders Although AbeBooks strives to provide reliable and current information on the Web sites, misprints or other errors may occur. AbeBooks reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to You or any other person. Items listed on the Web sites are subject to availability, and may not be available when ordered or afterwards. The Items offered on the Web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Bookseller sends an order acceptance and shipping notice to Your e-mail address. 7. We Respect Your Privacy Your personal information will be collected and saved by AbeBooks. All data and information collected from You by AbeBooks is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy, which may be viewed by clicking here. 8. Warranty Disclaimer and Liability Exclusion and Limitation Clauses Since AbeBooks is not a party to any transactions through the Web sites, AbeBooks does not give any representation or warranty regarding any transactions or any of the Items. AbeBooks has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Booksellers to sell Items. The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks to the fullest extent permitted by law. Regardless of the nature of the claim or the reasons for the loss and damages, AbeBooks’ liability is limited to foreseeable and typical damages. AbeBooks will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health. In no event will AbeBooks’ total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by AbeBooks or any person for whom AbeBooks is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement. 9. Legal Claims For all disputes between AbeBooks and you or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, dealings between You and AbeBooks, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. 10. How Do You or AbeBooks End This Agreement? You or AbeBooks may terminate this Agreement at any time with immediate effect and without any prior notice. AbeBooks may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to You or any other person. If this agreement or your permission to use the Web sites is terminated by You or AbeBooks for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of Items through the Web sites and anything connected with, relating to or arising from those matters. 11. Changes to Web sites, Policies and Procedures, and this Agreement AbeBooks may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person. AbeBooks may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any AbeBooks policies or procedures. You and AbeBooks have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais. Thank you for registering with AbeBooks. We look forward to serving you as a valued customer. Enjoy Your Books! [Printable Customer Agreement]
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