Terms of Use


This website (“this Website”) belongs to TextbooksWise, LLC, a Delaware limited liability company, which is referred to in these Terms of Use as “TextbooksWise”, “we”, “us” or “our.” We refer to the user of this Website as You, whether the viewer is an individual an entity or an entity’s agent. By using or visiting this Website, you are agreeing to these terms and conditions (the “Terms of Use”-) and also the terms and conditions of the Privacy Statement, which are published on this Website and accessible by a hyperlink at the bottom of our homepage.  If You do not agree to any of these Terms of Use or anything in the Privacy Statement, then please do not use this website.


TextbooksWise may revise, change and update these Terms of Use at anytime and without notice to you.  You are cautioned to review these Terms of Use periodically. Your continued use of this Website after any such changes are posted will constitute your acceptance of the changes.  You agree not to interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this website.  You may only use this Website for lawful purposes.   TextbooksWise reserves the right to deny access to this Website to You for any reason, at TextbooksWise’s sole discretion.


Please review this agreement (“this Agreement”) entirely and thoroughly, as Your use of this Website is governed by and subject to this Agreement.  In the event that any of the terms of this Agreement are unacceptable to You at any time, You agree to discontinue use of this Website immediately.  Any use of this Website by You constitutes Your unconditional acceptance of this Agreement in its entirety, as well as Your representation that You will fully comply with this Agreement and any other applicable laws, rules and regulations of any controlling jurisdiction(s).


Website Use, Services and Lack of Endorsements

The services provided on this Website are provided “As Is” and “As Available”.  These services are intended to allow You to search for books, cds, dvds and other items (all referred to as “books”) and to price books electronically online for purposes of comparison and consumer awareness, as well as to perform related functions. These books are listed and made available to You to purchase by independent, third-party merchants.  TextbooksWise does not own these books and therefore TextbooksWise cannot and does not sell them.  TextbooksWise merely gathers information about the books, such as availability, price, and other details, from the third-party merchants.   Any search results provided to You on this Website are based upon the search terms that You enter, and therefore the search results will depend on the accuracy of the information that You enter on this Website.  TextbooksWise is not involved in or responsible for delivering books that You may decide to purchase after using this Website.


Since Your search results contain information provided to TextbooksWise by independent, third-party merchants, TextbooksWise makes no guarantees, warranties or representations whatsoever, neither express nor implied, in connection with such information, whether regarding book prices or discounts, book availability, book content, book specifications, readers’ satisfaction, physical condition of books, shipping and/or handling terms or charges, reliability of third-party merchants or any services provided by such merchants, or any other related information.  TextbooksWise does not endorse, agree or disagree, or is to any extent responsible for information provided by the third-party merchants, and any reliance upon any such information is solely at Your own risk.  TextbooksWise does not warrant that any details related to books, third-party merchant services, or any other content found on this Website, regardless of the source, is to any extent accurate, complete, or otherwise reliable.  This Website’s content is provided for informational purposes only and does not constitute an endorsement by TextbooksWise of any product, service or merchant whatsoever.  You should not rely on any information provided on this Website in situations in which any inaccuracies may cause You to suffer any damages.


You understand and acknowledge that TextbooksWise does not sell or endorse any books listed on this Website, and that TextbooksWise does not act as an agent of the third-party merchants.  You agree to contact the appropriate third-party merchants with any questions, issues or complaints related to any books or book purchases.


TextbooksWise is not obligated to monitor or control the use of this Website or any information posted on it, though TextbooksWise reserves the right to do so and to take measures it considers appropriate in its sole discretion.


Links to Other Websites

Internet links found on this Website are intended to provide access to other websites that are owned and operated by independent third parties.  The inclusion of these links is for Your convenience and does not imply that TextbooksWise monitors or endorses these websites. TextbooksWise does not guarantee accessibility to such websites, and TextbooksWise is in no way responsible for the content of such websites or for any services offered on them.  TextbooksWise shall not be responsible or liable, directly or indirectly, for any damage or loss, caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.


TextbooksWise is a participant in the Amazon Europe S.a r.l. Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk/Javari.co.uk/Amazon.de/Amazon.fr/Javari.fr/Amazon.it.


TextbooksWise is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com


TextbooksWise, in its sole discretion, reserves the right to add or remove links for any reason.


Permitted Use of This Website

You may not use this Website or any information found in or generated by this Website except for Your personal use and without infringing upon copyrighted or trademarked content and subject matter.  Any use for any commercial or unlawful purposes is strictly prohibited.  You are prohibited from copying, reproducing, distributing, selling, posting, publishing or otherwise using (except as authorized by this Agreement) any information without the prior written consent of TextbooksWise and/or any other owners of the information.  You are also prohibited from interfering in any fashion with the operation of this Website as intended by TextbooksWise, and from preparing derivative works based upon this Website or any content appearing on it.  You may not reproduce or modify to any extent the HTML code used to generate web pages on this Website.


Posting of Information

You acknowledge that You are solely responsible for any information that You post on this Website. You understand and agree that anything you post on this Website may be viewed by the public.  You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which You reside.  You agree not to attempt illegal or unauthorized entry into our computer system, not to attempt to access sensitive system information, not to access or track the information of other users, and not to use this Website for any other illegal or unauthorized activity.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to Your identity.


You agree not to post or send us any information that is false or misleading; unlawful to post for any reason; derogatory, profane or obscene; hateful or otherwise improper on the basis of gender, race, religion, disability, national origin, ancestry, or any other basis; is intended to financially benefit You or competitor websites; contains damaging software such as viruses or worms; contains unsolicited or unauthorized advertising or promotional materials; constitutes junk mail, spam, chain emails, or similar communications; or is otherwise objectionable.  TextbooksWise reserves the right to edit or remove any such information.


In addition, You hereby grant TextbooksWise a perpetual and irrevocable right and license to use the information that You post in any manner that TextbooksWise desires, free of charge and without having to provide any notice to You, except as would conflict with the Privacy Statement posted on this Website. (Doron, if you want to use information that is posted in a commercial way (let’s say if someone recommends the website and post it on the website and you want to use it in advertisements, this paragraph is not enough and you will still have to contact the person OR have a click-up agreement as part of the process of posting materials on the website)


Limitation of Liability

You understand and acknowledge that TextbooksWise is not liable under any circumstances for any damages whatsoever arising from the use of this Website or the inability to use it, whether or not TextbooksWise is aware of the possibility that damages may accrue.


You agree that You are using this Website at Your sole risk, and that You will indemnify and hold harmless TextbooksWise and its affiliates, as well as any of their respective principals, employees, agents, members, partners, directors, officers, and shareholders, from any and all claims, demands, damages, actions and causes of action, whether known or unknown, contingent or liquidated, arising either directly or indirectly from the use of this Website, including reasonable attorney fees.  In the event that TextbooksWise is nonetheless found liable to You by a court of competent jurisdiction, You agree that TextbooksWise’s liability to You will in no event exceed the cost of the least expensive book that You have ever purchased with the aid of TextbooksWise and, in addition, that such liability will not exceed the amount of $50.00 (Fifty United States of America Dollars).


In no event shall TextbooksWise or any of its affiliates or customers, suppliers or their respective members, directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use (including without limitation (i) access to this Website, (ii) viruses or similar contamination or destructive features, or (iii) your use of, reliance upon, or access to the site or the content, or any part thereof, or any rights granted to you hereunder), even if TextbooksWise has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.


Intellectual Property

All content provided on this Website, including but not limited to website design, text, graphics, interfaces, HTML code and software is either copyrighted by TextbooksWise, with all rights reserved, or is the property of TextbooksWise or third parties.  Accordingly, such content is protected by intellectual property laws related to copyrights, trademarks, service marks, patents and/or any other applicable law.  You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted under these Terms of Use or another agreement with us.


Trademarks

TextbooksWise trademarks, the TextbooksWise logo, and any other product or service name or slogan contained in this Website are trademarks, trade dress and service marks of TextbooksWise and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TextbooksWise or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “TextbooksWise” or any other name, trademark, service mark or product or service name of TextbooksWise without our prior written permission. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TextbooksWise and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, service marks, product names and company names or logos mentioned in this Website are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


Termination

TextbooksWise may terminate any or all services provided on this Website at any time, for any cause or for no cause, with or without notice.  In the event of such termination, TextbooksWise will not be liable to You or to any third parties to any extent whatsoever. Termination of these Terms of Use shall not affect TextbooksWise's rights, defenses and limitations of liability provided under the Terms of Use or any other agreement between You and TextbooksWise.


Notices

Any notices to TextbooksWise must in writing and submitted to: TextbooksWise LLC, 14525 SW Millikan #8935, Beaverton Oregon 97005


Governing Law

This Agreement is governed by, and is to be interpreted in accordance with, the laws of the State of New York, United States of America.  You hereby agree that any legal action relating in any manner to this Agreement must be brought in New York County, New York, United States of America, and You consent to the exclusive jurisdiction and venue of competent courts in such county and state.  In addition, You hereby agree to waive the defenses of lack of personal jurisdiction and improper venue, and You waive Your right to a jury trial.  You also agree to waive any right you may have to commence or participate in any class action against TextbooksWise related to this Website or these terms of use.


Privacy

TextbooksWise is committed to respecting the privacy of the personal information of the individuals using this Website. We have developed a website Privacy Statement to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website.  Please see our Privacy Statement for further details.


Disclaimer of Warranties

TextbooksWise grants no rights and makes no warranties regarding the use of names, people, trademarks, service marks, trade names, trade dress, patented or copyrighted designs or works of art or architecture or other forms of intellectual property represented on this Website.  TextbooksWise does not warrant the accuracy of any such information.


TextbooksWise does not represent or warrant that this Website or its content will meet your requirements or that their use will be uninterrupted or error free.  The entire risk as to the quality and performance of the content is assumed by you. 

In particular and without limiting the generality of the foregoing, TextbooksWise makes no representation or warranty (i) that this Website will be free of viruses or similar contamination or destructive features; or (ii) respecting the content as to ownership, technical or legal compliance, or otherwise.


Assignment

You hereby agree and acknowledge that TextbooksWise is entitled to unilaterally assign its rights and obligations under this Agreement, in its sole discretion, to any third party of its choice, and that You may not similarly assign any of Your rights or obligations under this Agreement to anyone.


Entire Agreement

This Agreement and the other rules and regulations posted on this Website, which are hereby incorporated by reference, constitute the entire agreement between You and TextbooksWise.  This Agreement supersedes any previous agreements between You and TextbooksWise as related to this Website.


General Provisions

TextbooksWise’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be interpreted as a waiver of any other provision or right or the waiver of the same provision with respect to any other instance.


Contact information

If you have concerns relating to these Terms of Use, please contact TextbooksWise.  Any communications that you send to us are not confidential (unless you and TextbooksWise have entered into a separate confidentiality agreement), and you agree that TextbooksWise may use or disclose any such communications in any way that it wishes.


These Terms of Use were last changed on November 28th, 2010.