Terms Of Service
Terms and Conditions of Use
Welcome to the America316.com website (the "America316.com Site"), a website owned and operated by America316 Booksellers, Inc.
1. LICENSES AND RESTRICTIONS
1.1 Licenses. America316 grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with America316 documented in a separate agreement) of the America316.com Site, its Content (as that term is defined in Section 3 below), and the America316 Software. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. America316 further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the America316.com Site so long as the link does not portray America316, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
- (a) modify, download (other than page caching), reproduce, copy, or resell the America316.com Site, the Content or any portion or derivative thereof;
- (b) commercially use the America316.com Site, the Content or any portion derivative thereof (unless User has a business relationship with America316, in which case such commercial use will be governed by the terms applicable to such business relationship);
- (c) copy or download any User's account or profile information for the benefit of any third party;
- (d) enable high volume, automated, electronic processes that apply to the America316.com Site or its systems, the Content or any portion or derivative thereof;
- (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the America316.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
- (f) interfere or attempt to interfere with the proper working of the America316.com Site;
- (g) bypass any measures used by America316 to prevent or restrict access to any portion of the America316.com Site, the Content or any portion or derivative thereof;
- (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of America316;
- (i) use America316's name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or
- (j) compile, repackage, disseminate or otherwise use data extracted from the America316.com Site.
- The foregoing are expressly prohibited and the right to do any of the foregoing shall require America316's express written consent (which may include a written agreement signed by an authorized representative of America316). Any unauthorized use of the America316.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by America316.
America316, or its parent, subsidiaries, or affiliates, or third parties from whom America316 has permission, own the trademarks or service marks that are used on the America316.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of America316 and its licensors may not be used without prior written consent of America316 or its licensor, as the case may be. Without limiting the foregoing, no America316 trademark or trade dress may be used in connection with any product or service that is not America316's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits America316.
3.1 Proprietary Rights. User acknowledges that the America316.com Site contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and America316 owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the America316.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content. America316 is a distributor and not a publisher of Content supplied by third parties and Users. America316 has no editorial control over such Content. America316 is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of America316 or any America316.com Provider, unless expressly stated otherwise. Neither America316 nor any America316.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the America316.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either America316 or any America316.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the America316.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the America316.com Site.
4.1 Prices. The price for an item on the America316.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the America316.com Site. If the price for the item on the America316.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of America316, America316 may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by America316. Any purchases from any third-party sellers on the America316.com Site (e.g., sellers of products provided via America316 BookQuest LLC) may be subject to different policies in the event of an incorrectly priced item.
5. RISK OF LOSS
The risk of loss and title for all items purchased via the America316.com Site pass to the User upon delivery of the item to the carrier.
6. PRODUCT DESCRIPTION
The items offered for sale on the America316.com Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. America316 does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM America316 THAT IS NOT AS DESCRIBED ON THE America316.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
7. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use America316 websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the America316 websites, we will remove that information as soon as possible.
8. TERMINATION OF USAGE
8.2 Restricted Users. In certain cases, in America316's sole discretion, America316 may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the America316.com Site has been terminated, including the right to use, access or create any account thereon; (ii) that America316 refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
10. PASSWORD AND ACCOUNT SECURITY
10.1 Account Password. Every User that has an account on the America316.com Site is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User's computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her America316 account using an old e-mail address, such User will not receive messages from America316 about his or her orders and inquiries or other matters.
10.2 Account Security. User accepts full responsibility for all activities that occur within such User's America316 account or within the America316.com Site interactive community, whether or not authorized by the User.
11. INTERACTIVE COMMUNITY
11.1 Interactive Community Users. The America316.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section 11, Interactive Community, applies to the activities of persons who are using interactive services on the America316.com Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.
11.3 Right to Remove Profile or Terminate Access. America316 reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
11.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the "Flag" feature on the page in question.
11.5 User Created Content.
- (a) Notwithstanding the foregoing, America316 assumes no responsibility for ongoing monitoring of the America316.com Site or for removal or editing of any User Created Content, even after receiving notice. America316 assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.
- (b) You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or not otherwise from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of the America316.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the America316.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the America316.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the America316.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
- (c) Interactive Community Users may upload to or otherwise submit to America316 for distribution on the America316.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for America316 to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." America316 is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. America316 assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
- (d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, America316, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to America316 retains any and all rights which may exist in such User Created Content.
User consents to electronic communications with America316, whether addressed to the e-mail address associated with such User's America316 account or posted on the America316.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this America316.com Site satisfies any legal requirement that such communications be made in writing.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
- (a) America316 is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the America316.com Site, including, without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the America316.com Site or through the America316.com Services, whether caused by Users of the America316.com Site or the America316.com Services or by any of the equipment or programming associated with or utilized in the America316.com Site or the America316.com Services, including the America316 Software. Content, including User Created Content, does not necessarily reflect the opinions or policies of America316. Profiles and third party applications created and posted by Users on the America316.com Site may contain links to other websites. America316 is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by America316. Inclusion of any linked website on the America316.com Services does not imply approval or endorsement of the linked website by America316. When you access these third party sites, you do so at your own risk. America316 takes no responsibility for third party advertisements or third party applications that are posted on or through the America316.com Site or the America316.com Services, nor does it take any responsibility for the goods or services provided by its advertisers.
- (b) America316 is not responsible for the conduct, whether online or offline, of any User of the America316.com Site or the America316.com Services. America316 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration, of any User communication. America316 is not responsible for any problems or technical malfunction of the America316 Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the America316.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the America316.com Site or Services. Under no circumstances shall America316 be responsible for any loss or damage, including personal injury or death, resulting from use of the America316.com Site or Services, from any Content, including User Created Content, posted on or through the America316.com Services, from the America316 Software, or from the conduct of any Users of the America316.com Site or America316.com Services, whether online or offline.
- (c) THE America316.COM SITE AND THE America316 SOFTWARE ARE PROVIDED BY America316 ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH America316.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- (d) WITHOUT LIMITING THE FOREGOING, NEITHER America316 NOR ANY America316.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE America316.COM SITE, OR THE INFORMATION, CONTENT, INCLUDING USER CREATED CONTENT, THE America316 SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE America316.COM SITE OR THE America316 SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, INCLUDING USER CREATED CONTENT, America316.COM SERVICES, THE America316 SOFTWARE, OR MERCHANDISE PROVIDED THROUGH THE America316.COM SITE; OR (IV) THAT THE America316.COM SITE, ITS SERVERS, THE America316 SOFTWARE, CONTENT, INCLUDING USER CREATED CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF America316 ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
- (e) America316 DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE America316.COM SITE, THE America316 SOFTWARE, THE America316.COM SERVICES OR ANY RELATED SERVICES. THE OPERATION OF THE America316.COM SITE AND THE America316 SOFTWARE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF America316.
13.2 Limitation of Liability.
- (a) UNDER NO CIRCUMSTANCES SHALL America316 OR ANY America316.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE America316.COM SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE America316.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO America316'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING USER CREATED CONTENT, THE America316 SOFTWARE, MERCHANDISE, AND America316.COM SERVICES AVAILABLE THROUGH THE America316.COM SITE.
- (b) NEITHER America316 NOR ANY America316.COM PROVIDER WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE America316.COM SITE, THE America316 SOFTWARE, OR THE USE, PURCHASE OR DOWNLOAD OF ANY CONTENT, OR PRODUCT THEREFROM, EVEN IF America316 OR ANY America316.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH IS NOT INTENDED TO EXCLUDE LIABILITY THAT America316 MAY NOT EXCLUDE UNDER APPLICABLE LAW.
- (c) CERTAIN STATE, PROVINCIAL, AND FEDERAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
- Any dispute with America316 regarding a purchase or a return, shall
- Be limited in damages to no more than $50.
15. APPLICABLE LAW; JURISDICTION
15.2 Jurisdiction. Each of America316 and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within state courts of , Massachusetts , Suffolk county, and waives any objection to the laying of venue of any litigation in said courts.
16. DISPUTE RESOLUTION
16.2 America316's Option to Litigate. Alternatively, at America316's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in any County, Massachusetts.
16.3 No Consolidation. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
16.4 Disputes Between Users. You are solely responsible for your interactions with other Users. America316 reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
Any software distributed by America316 is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the America316 Software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the America316 Software and the America316.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the America316 Software or the America316.com Site for any illegal purpose. Because the America316 Software, the America316.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the America316 Software or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.
18. ADDITIONAL TERMS AND CONDITIONS
These terms were last revised on March 1, 2020.