Terms & Conditions
INTRODUCTION TO THE PARTICIPATION AGREEMENT
The Terms and Conditions of this participation agreement control the use of
Prepbooks.com (or “Prepbooks”) website (or the “Site”). If you use the Site, you
agree to adhere to these terms and conditions. If this is not acceptable to you,
then you may cease use of the Site.
RIGHT TO CHANGE TERMS OF PARTICIPATION AGREEMENT
Prepbooks LLC (“Prepbooks”) has the right to change at any time any of the terms
and conditions on the Site without any liability, without any reason or notice
to any User of the Site or to you. When you visit or use the Site, you agree to
these terms and conditions that control its use.
WHO IS ELIGIBLE TO USE WEBSITE
Individuals and/or businesses (or “Users”) are
eligible to use the Site if they meet the terms and conditions of this
Participation agreement, and if their registrations are acceptable to Prepbooks.
Moreover, use of the Site is limited to Users who can enter into a legally
binding contract under applicable law that can be enforced. We reserve the right
to refuse service to anyone and for any reason. Any User who is under the age of
18 is not allowed to use the Site. Users must provide their real name, birthday
and email address in order to register for a Level 1 User Account. Level 2 Users
must be Level 1 Users and must provide their mailing address and phone number in
order to register for a Level 2 User Account. Level 3 Users must be Level 1 and
Level 2 Users and must provide their credit card billing information in order to
register for a Level 3 User Account. Users may not copy, reproduce, duplicate or
sell any part of the Site or the Content on the Site or any access to the Site.
Prepbooks may refuse service to anyone and for any reason.
YOUR USER NAME AND PASSWORD
You agree to protect your username and password
information when you use Prepbooks.com. You also agree to accept responsibility
for all activities that occur under your username and password. We advise you to
log out after each use to prevent others from acquiring your login information.
You should secure your password as you are solely responsible and liable for any
activities that occur under your password on this Site. Prepbooks is not
responsible to verify the identity of a user that is logging in to the Site with
a password.
CONTENT
The Content you submit, post, or display will be able to be
viewed by users of the Site and third parties. You should only provide Content
that you are comfortable sharing with others under these Terms. All Content,
whether publicly posted or privately transmitted, is the sole responsibility of
the person who originated such Content. We do not monitor or control the Content
posted via the Site and, we cannot take responsibility for such Content. We do
not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications posted via the Site or
endorse any opinions expressed via the Site. You may find Content on the Site
that may be harmful, offensive, mislabeled, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or otherwise
deceptive, so your use of the Site is at your own risk. On the other hand, you
are responsible for Content that you post, email or transmit and any
consequences that arise as a result of your Content. Prepbooks will not be
liable under any circumstances and for any way, shape or form for any Content,
including, but not limited to, any errors or omissions in the Content, or any
loss or damage as a result of use of the Content whether posted, emailed,
transmitted or made available via the Site. Prepbooks has the right to set
limits on storage and your use of the Site at our own discretion and without
notice to you. When you submit, post, display Content or make available on or
through the Site, you are granting us a perpetual, worldwide, royalty-free,
non-exclusive, unrestricted, right to display, right to publish, along with the
right to sublicense to other users or third parties, and irrevocable right to
exercise all copyright, trademark rights to use, copy, reproduce, process,
adapt, modify, transmit and distribute the Content without any compensation paid
to you. You represent and warrant that you have all the power, authority and
rights to grant us the license and/or rights to any Content that you submit.
PRINT AND POST
You agree to follow bulletin board policies, or any place where
you intend to post or attach, for rules and restrictions on posting
solicitations anywhere the Prepbooks.com name, Logo and Prepbooks Trademark are
visible. You agree to release, hold harmless, indemnity and defend Prepbooks.com
and Prepbooks, LLC against any liability.
POLICIES AND GUIDELINES
Prepbooks provides a marketplace for our users to buy and sell items as well as to post
Content on the Site. You agree to follow our policies and guidelines when
listing items for sale, conducting transactions or when posting Content on the
Site:
I) You agree not to register for more than one account.
II) You may not
list any item that constitutes infringement on any third party product.
III) You
may list an item for sale only if its ISBN number is found on the Site.
IV) You
may not post items that are offensive, fraudulent or defamatory to others.
V)
You may not post items that are stolen or illegal to sell.
VI) You may not post
any advertisement, commercial or promotional material.
VII) You agree to honor
your end of the contract whether you are buying or selling
RETURNS AND REFUNDS
Seller will notify us of any returns and refunds that are requested from the
buyer within 2 business days of the request in accordance with the terms and
conditions of this participation agreement. Seller must issue refunds for
returns if the seller has received the compensation for the item. In event that
the seller has not yet been credited for the sale, then the obligation remains
to notify us so that a prompt refund is issued to the buyer. All items are
refundable if the return is postmarked within 30 days from the date of purchase.
The buyer will be responsible for the return shipping expenses for items that
are returned from outside the United States regardless of the reason for the
return. Seller must provide a full refund to the buyer promptly and should
reimburse for the return shipping expense
(a) if the seller is unable to fulfill
the order within 2 business days for any reason,
(b) if the item received by the
buyer is damaged, defective or different than the item in the listing and to no
fault of the buyer,
(c) if the buyer requests to cancel the order before the
order is shipped,
(d) if the buyer requests to change the address or is unable
to receive on the account address before the order is shipped,
(e) if we receive
a chargeback from the buyer's financial institution for the amount paid by the
buyer for the transaction. Sellers are responsible for these
service
chargebacks, and we may seek reimbursement from the seller for these chargebacks
through various means at our discretion.
Items that are returned due to buyer error or other reasons may be charged a restocking fee of up to 15% of the
shipping and item price, and the buyer will be responsible for the return
shipping expense. Seller must provide the refunds within thirty days from when
the request is made. In all circumstances, we reserve the right to seek
reimbursement from the seller at our discretion in the case where we need to
reimburse a buyer under the terms and conditions of this Participation
agreement.
YOU AGREE TO SELL AT PRICE LISTED
When listing an item for sale, the
Seller must follow through with the terms that the Seller set forth in the
listing when the item is sold to a buyer. Seller also agrees to ship the item
within 1-2 business days of the item selling date to the buyer. Seller
acknowledges that by not completing the transaction, seller is in breach of a
legally binding contract with the buyer. Prepbooks may earn interest on the
transaction amount during the time when the payment is being received by the
buyer and our processing of the balance that is due to the seller.
HOW TO RESOLVE DISPUTES
Prepbooks is not involved in the transactions between buyers
and sellers. Unless Prepbooks is listed as a seller, we do not have authority in
the actual transaction. In the case of a dispute between buyers and sellers,
Prepbooks does not hold the role of an arbitrator nor do we represent either
party to resolve these disputes. We may disclose the email address and/or phone
number to allow each party to communicate with the other, and we recommend that
both parties cooperate in resolving their disputes. Ultimately, it is up to
buyers and sellers to work together to resolve any issues. Users shall use the
Prepbooks Site at their own risk.
PAYMENT FOR ITEMS
You must register for an account with Prepbooks in order to buy (Level 2 User) or sell items (Level 3
User) on Prepbooks.com. Payment method is either through your Paypal Account or
via a major credit card. You may not use any other payment methods to pay for
any item on the Site.
FEES
Prepbooks.com does not charge fees for the
maintenance of user accounts or for listing of items for sale on the site.
However, we do charge a 15% fee of the item value to the seller when the item is
sold on the Site. We may impose transaction limits on users relating to the
value of any transaction at any given moment. We may also limit the number of
transactions per day or for any period of time. We will not be liable to a user
for any damages or losses or to anything that holds value that user incurs as a
result of our action. TAX Both seller and buyer (“Users”) agree that Prepbooks
is not liable for taxes on items sold, and is not responsible to determine,
report, collect or remit for any taxes resulting from any transaction between
any users. Users understand their responsibility to determine whether taxes need
to be applied to their transactions as well as to determine the reporting,
collection and remittance of the tax to the appropriate authorities.
ILLEGAL ACTIVITY
Prepbooks has the right but not the obligation to monitor any activity
or content such as postings of items for sale or posting of Content on the
discussion boards on the Site. Prepbooks can investigate for violations of any
inappropriate use of the Site, including those of copyright infringement of
other people's intellectual property rights. We reserve the right to reclaim
usernames, to remove any Content at any time, cancel any item listing at any
time, terminate any user access to the Site at any time, or take any other
action without prior notice and at our sole discretion. We may also terminate,
change or suspend any part of the Site or the entire Site without any liability,
without any reason or notice to any User of the Site or to you. Users may not
register under a false name or use an invalid or unauthorized credit card. Users
agree to list items and conduct transactions legally on the Site. Any activities
on the Site that are considered fraudulent will be reported to authorities to
prosecute the violators.
NO WARRANTY OR GUARANTEES TO USE THE SITE
The site is provided on an “As Is Basis” and “As Available Basis”. Prepbooks does not make
any representations, conditions or warranties of any kind, express or implied
which also includes without limitation. Prepbooks will not be liable to you or
to any other person, business or third party:
• for any loss of use, economic
loss of any kind, or any implied warranty arising from usage of trade including
seller product availability or seller product representation or that users carry
out their transactions as promised, or that users do not breach their user
agreements.
• any content obtained from the Site
• unauthorized access, use or
alteration of your transmissions or content,
• any warranties express or
implied, or representations of merchantability, fitness for a particular purpose
performance, security and non-infringement.
• for non-accessibility of the site,
including site outage, availability, security or if the site falls short of your
requirements or expectations.
• for the deletion of, or the failure to store or
to transmit, any Content and other communications maintained on the Site. Any
obligation, right, claim, remedy in tort and liability, whether or not they
arise from the negligence of Prepbooks, are all disclaimed by Prepbooks to the
full extent permitted by applicable law.
RELEASE FROM CLAIMS
You agree to release Prepbooks from any claims, transaction disputes among users, issues with
Content, loss of production, loss of profits, damages, punitive damages or any
kind of damage, that result from any disputes.
LIMITATION OF OUR LIABILITY
Prepbooks’ limitation of liability extends to penalties, judgments, monetary
judgment awards including interest, attorney fees and any expenses that arise
from any claim resulting from user disputes, user breach of agreement, return
policy of products, infringement of copyrighted materials, infringement on any
intellectual property or rights and failure to collect or to pay for taxes that
result from an user transaction. You agree to indemnity, defend and hold
Prepbooks harmless anytime, anywhere and for any circumstance. Prepbooks does
not control and is not liable for the legality of the items that users post for
sale on the Site as well as for the accuracy, authenticity of the items and
their description in the listings. Prepbooks may sell or purchase goods and
services on the Site from time to time. When Prepbooks offers items for sale or
purchases items from other sellers, it is not regarded as a “User” or “buyer” or
“seller" under the terms and conditions of this agreement. Prepbooks employees,
contractors and/or affiliates may register for an account on Prepbooks and
utilize the services of the Site at their own capacity. The participation is
private and does not represent Prepbooks in any way and it is subject to the
same terms and conditions as any other user.
WHERE THE LAW APPLIES
The terms and conditions of this participation agreement are governed solely by the laws of
Delaware, USA. Any dispute with Prepbooks relating to these Terms and Conditions
must be pronounced in a state court in the state of Delaware, and you agree to
exclusive jurisdiction and venue in such courts. If any provision or section in
the terms and conditions of the Participation Agreement is found to be
unenforceable or invalid, then that provision or section must be separated from
the rest of these Terms and Conditions, and the remaining terms and conditions
of this Participation agreement shall remain in full force and effect. Any
rights not expressly granted in these Terms and Conditions are reserved to
Prepbooks. These Terms and Conditions are subject to change without notice.
OWNERSHIP OF THE SITE
The Site, Content of Site, including any text, image or
any other elements available are the property of Prepbooks. Your use of the Site
does not transfer to you any ownership of the Site or any other rights to its
Content.
TRADENAME AND LOGO USE
The Prepbooks Logo and the Prepbooks name are
registered Trademarks. Any use of the trade names, trademarks, service marks and
logos (or “Marks") that are displayed on the Site is strictly prohibited. Any
content that appears on the Site shall not be interpreted as granting any
license or right to use any Marks displayed on the Site.
RIGHT TO MODIFY OR TERMINATE THE PARTICIPATION AGREEMENT
You may not modify or add to the terms and
conditions of this Participation agreement or to any other policy that is listed
on the Site. Prepbooks reserves the right to terminate this Participation
Agreement at any time without any liability, without any reason or notice to any
User of the Site or to you. If any modification is not acceptable to you, then
you may cease use of the Site.