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About Us
Term of Use
Stevens BookShop Website Term of Use
Last Modified April 21, 2009
Introduction
This website, and all other Stevens Bookshop Website, including but not limited to www.stevensbook.com, which may be encountered via the Internet available in Stevens Bookshop (Referred to as the "Stevens Bookshop Site" or "Site"), is operated by Stevens Bookshop Direct, Inc ("Stevens Bookshop", "We", or "Us"). Stevens Bookshop provides its Site to you subject to the following Terms Of Use (the "Terms"). By using the Site, you agree to be bound by the Terms. Stevens Bookshop may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Site. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Site, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
Description of Service
The Site allow users to research, review, purchase, and/or order various educational and other products featured on the Site (collectively, "Products"), including, but not limited to, books, ebooks, music CDs, videos and DVDs, software, apparel, gifts, stationary, church supplies, and audio books. The Site also allow users to access Stevens Bookshop Membership program accounts, upload and download content (including reviews and other user generated content), and access various third-party Website offering a wide variety of products and services. The services, features and products that Stevens Bookshop offers to users on the Site may be referred to herein collectively as the "Services". Unless explicitly stated otherwise, any new features or offerings on the Site in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.
Purchasing Products
If you make a purchase from the Stevens Bookshop Site (except a purchase of a Gift Certificate), you are transacting with Stevens Bookshop, Inc., and ownership of any purchased items transfers to you immediately upon shipment. If you make a purchase from any third-parties advertised on or linked to from the Stevens Bookshop Site, you are not purchasing a product or service from Stevens Bookshop. You agree that neither Stevens Bookshop nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the Stevens Bookshop Site.
The purchase and download of any product or service, including ebooks, audio books, digital music, and the like, from the Stevens Bookshop Site, is non-refundable and may not be returned. All sales of downloadable material are final.
Gift Certificates
If you make a purchase of a Gift Certificate from the Stevens Bookshop Site, you are transacting with Stevens Bookshop, Inc. and ownership of such Gift Certificate transfers to you immediately upon shipment. Gift Certificates purchased on the Site are provided and fulfilled by our service providers. Specific additional terms entitled "Gift Certificate Website Terms of Service" apply to the purchase and provision of Gift Certificates and are incorporated herein. These Gift Certificate Website Terms of Service can be found below and are to be read in conjunction with, and do not supersede, these Terms Of Use. To the extent there is a conflict, these Terms Of Use apply.
Privacy
Any registration or other information you provide to Stevens Bookshop is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Stevens Bookshop and/or its suppliers or licensors, all rights reserved. Stevens Bookshop authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of Stevens Bookshop or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Site, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Site for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Site (including, without limitation, Stevens Bookshop, Stevens Bookshop Membership, and any Marks associated with any Products) are the sole property of Stevens Bookshop and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of Stevens Bookshop or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Stevens Bookshop and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Stevens Bookshop. Stevens Bookshop will enforce its intellectual property rights to the fullest extent of the law.
Links and Third Party Content
Links on the Site to third-party Website are provided to enhance your Stevens Bookshop experience and to provide you with the opportunity to utilize value-added entertainment and educational content. If you use these links, you will leave the Site. Any information you provide to these third-party Website while on these third-party Website is subject to the respective third-party's privacy policy, and not Stevens Bookshop Privacy Policy. Stevens Bookshop does not control any such third-party Website. You agree that neither Stevens Bookshop nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside Website or for your use or inability to use such Website. Stevens Bookshop does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party site. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither Stevens Bookshop nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the Stevens Bookshop Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, STEVENS BOOKSHOP, ITS PARENT AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "STEVENS BOOKSHOP PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, STEVENS BOOKSHOP MAKES NO WARRANTY THAT (i) THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEVENS BOOKSHOP OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEVENS BOOKSHOP PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STEVENS BOOKSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
If you are dissatisfied with any Stevens Bookshop material, or with any of Stevens Bookshop' terms and conditions, your sole and exclusive remedy is to discontinue using Stevens Bookshop' Site and Services.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold Stevens Bookshop and its subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.
Intended Audience
Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. Stevens Bookshop controls and operates the Site from its offices located in the State of North Carolina in the United States of America. Stevens Bookshop makes no representation that Materials contained on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Copyrights and Copyright Agent
Stevens Bookshop respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Site and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Stevens Bookshop's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Stevens Bookshop's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Stevens Bookshop
6700 Old Wake Forest Rd., Raleigh, NC 27616
By phone: 919-872-5995
By email: info@stevensbook.com
Termination
Stevens Bookshop reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Site and/or Services, and to block or prevent future access to and use of the Site and/or Services for any reason, including your breach of the Terms or other conduct by you that Stevens Bookshop considers inappropriate. Stevens Bookshop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice. You agree that neither Stevens Bookshop nor any of its subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Site and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that neither Stevens Bookshop nor its subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Services.
Governing Law
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of North Carolina within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Stevens Bookshop makes no representation that the Terms comply with the laws of any other country. Visitors who use the Site and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Site and/or Services in violation of any laws.
Notices
By use of the Site and/or Services, you consent to receive electronic communications from Stevens Bookshop (via email or via a posting on the Site), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
Contacting Us
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us at ccare@stevensbook.com. We will address any issue to the best of our abilities as soon as possible.
Gift Certificate Terms of Service
1. Acceptance of Terms.
Welcome to the Gift Certificate customization pages of Stevens Bookshop ("Site"). Stevens Bookshop, Inc. ("Stevens Bookshop" or "Merchant") is pleased to offer these services to you and subject to the following Terms of Service ("Terms"). By accessing and using this Site you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of this Site. In addition, when using particular services in connection with this Site, you are subject to any posted guidelines or rules applicable to such services, including without limitation any terms and conditions of any Gift Certificates and the Terms of Service of the Stevens Bookshop website(s). All such guidelines and rules applicable to such services are hereby incorporated by reference into the Terms. Stevens Bookshop may refuse to offer any or all of the services to anyone at any time, in its sole discretion. This Site is intended for use by individuals who are at least 13 years of age.
2. Products and Services
The pricing for the Gift Certificates, which is stated in U.S. dollars, is set forth on the Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order.
3. Use of Site.
3.1 Proprietary Rights.
The Site contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by Stevens Bookshop or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.
3.2 No Framing.
You agree not to "frame" or "mirror" any Content or third-party content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Stevens Bookshop and the respective owner of such Content.
3.3 Online Conduct.
Your use of this Site is subject to applicable local, state, federal and International law. Stevens Bookshop makes no representation that the Contents are appropriate or will be available for use in any locations. If you use a Site from outside of the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Your use of this Site in violation of this Section 3.3 governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages. You agree not to use this Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to:
(a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through this Site;
(e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party;
(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
3.4 Use of Content.
Stevens Bookshop grants you permission to access and view this Site and to electronically design Products for the sole purpose of submitting an order. Any other use of this Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of this Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
4. Third Party Links, Products and Services.
Products and services may be made available to you through the use of third-party web site ("Third-Party Portals"). If you accessed this Site through a link from a Third-Party Portal or if this Site provides links to any third-party site, you agree that Stevens Bookshop have no control over the content on such site AND YOU AGREE THAT STEVENS BOOKSHOP ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITE. STEVENS BOOKSHOP ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTIES. YOU RELEASE STEVENS BOOKSHOP FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST STEVENS BOOKSHOP ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTIES.
5. Scanned Data.
5.1 Copyright Policy, Representation and Indemnity:
You are wholly responsible for any data you transmit to this Site ("Scanned Data"), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Scanned Data you transmit to this Site violates any copyright or trademark right, and that it complies with Section 5.2 of these Terms. Before transmitting Scanned Data to this Site, you should assure that such Scanned Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Scanned Data to this Site and/or by submitting Scanned Data for integration into any Product for processing, sharing, storage or fulfillment: (i) you grant Stevens Bookshop a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Scanned Data solely in connection with providing products and/or services to you; and (ii) you represent and warrant to Stevens Bookshop that the Scanned Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Scanned Data, or that you have the express permission to copy and use such Scanned Data for all purposes related to the products you order through this Site. You further represent that the Scanned Data does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
5.2 Scanned Data Content Policy and Acknowledgement: Compliance with Law.
You may not upload to a Site any material that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Material of the type described in clauses (a) and (b) is referred to, collectively, as "Inappropriate Content").
The content of the Scanned Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). Stevens Bookshop have no obligation to monitor the Scanned Data. However, Stevens Bookshop (and their licensees, suppliers, fulfillers, and Third-Party Portals) reserve the right at all times to review the Scanned Data, to disclose the Scanned Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Scanned Data, to remove the Scanned Data, and to refuse to perform any orders for processing or fulfillment for Scanned Data that are, in Stevens Bookshop's sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. In the event that you submit Scanned Data to a Site for inclusion on a Gift Certificate and Stevens Bookshop believes the Gift Certificate contains Inappropriate Content, Stevens Bookshop reserves the right to refuse to honor the Gift Certificate.
5.3 Respect for Reputation:
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that Stevens Bookshop and its affiliated companies will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
Furthermore, you agree to refrain from using the services offered through the Site, including ordering any Stevens Bookshop Products, in any manner that would cause damage to the public reputation of Stevens Bookshop, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which Stevens Bookshop provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Stevens Bookshop or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Portals, or Merchants, Stevens Bookshop reserves the right to demand the immediate return of the Stevens Bookshop Product(s) ordered from a Site, to invalidate, without refund, the value of any Gift Certificate included in such Stevens Bookshop Products, and to pursue any and all further remedies available to Stevens Bookshop and its affiliated companies under the law.
5.4 Indemnification:
You agree to indemnify Stevens Bookshop and hold them and their licensees, service providers, suppliers and fulfillers, owners and operators of Third-Party Portals, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the Scanned Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under Section 5.3. Your obligation to indemnify and hold Stevens Bookshop harmless shall survive any expiration and termination of these Terms.
6. Limitation and Disclaimer of Warranties; Limitation of Liability.
You agree that in the event of any damage to or loss of any Product by Stevens Bookshop (or by their licensees, suppliers, fulfillers, owners and operators of Third-Party Portals), even through negligence or other fault, the sole obligation of Stevens Bookshop (and the sole obligation of their licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals), and your sole remedy, is at Stevens Bookshop's option, to replace the lost or damaged Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Product(s). You must submit a claim within thirty (30) days of the damage or loss.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITE, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER STEVENS BOOKSHOP NOR ANY OF THEIR LICENSEES, SERVICE PROVIDERS, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THIS SITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THIS SITE OR RELATED SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS SITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall Stevens Bookshop (or our licensees, service providers, suppliers, fulfillers, owners and operators of Third-Party Portals) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, the Site, any Content, or any products or services offered through the Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if Stevens Bookshop, or their licensees, service providers suppliers, fulfillers, owners and operators of Third-Party Portals, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Product, or Scanned Data, the inability to use the Site, any changes to the Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
7. Termination of Right to Use a Site.
Stevens Bookshop reserves the right to terminate your right to use this Site if you violate any of these Terms. Upon termination of your right to use the Site, Stevens Bookshop will remove your account privileges. Stevens Bookshop will have no obligation to return to you your Scanned Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Stevens Bookshop terminates your right to use this Site, is to receive a refund for any products paid for but not processed or fulfilled by Stevens Bookshop, if any.
8. Privacy and Security.
Stevens Bookshop will protect and use information provided by you as set forth in the Stevens Bookshop Privacy Policy posted on this Site. You agree not to violate or attempt to violate the security of this Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
You understand that your account information on the Site is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. Stevens Bookshop is entitled to rely on the fact that any Scanned Data, orders for Products or other information sent to this Site under your User ID and Password for this Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact Stevens Bookshop immediately.
9. Applicable Law.
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of North Carolina. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Return Address and Costs.
Stevens Bookshop will automatically print a return address on every Product that you print and mail using this Site. The default return address is the address supplied by you for your profile. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on this Site. Stevens Bookshop may in its sole discretion add, delete or change some or all of the prices of products and services at any time without notice, other than as set forth on this Site.
11. Miscellaneous.
For purposes of these Terms, "you" and "your" shall mean you and "we", "us," and "our" means Stevens Bookshop and its affiliates. Title and risk of loss for products purchased by you through this Site passes to you upon delivery of the products to our carrier or Stevens Bookshop' carrier for shipment to you. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to this Site.
The failure of Stevens Bookshop to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Stevens Bookshop, as applicable. Your use of this Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Stevens Bookshop's website.
