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You have reached our section for publishers and other
booklisters, who can drop-ship books through booksXYZ.com at a 15% discount.
For more information, click 'Selling Books' on your left.
Booklister User Agreement - Terms of Use
Welcome to the User Agreement for BOOKSXYZ, INC. This
Agreement describes the terms and conditions applicable to your use of our
services under the domain of booksXYZ.com . If you do not agree to be bound
by the terms and conditions of this Agreement, do not use or access our
services.
You must read, agree with and accept all terms and
conditions contained in this User Agreement, Return Policy, Privacy
Policy, and Procedure, which include those terms
and conditions expressly set out below and those incorporated by reference,
before you become a Booklister with BOOKSXYZ, INC. "User Agreement" refers to
all text on this webpage, exclusive of links and pop-up windows, except where
expressly noted.
We reserve the right to amend this Agreement at any time
and will automatically notify you, the Booklister, via e-mail seven (7) days
before the effective date of the amendments. This Agreement may not otherwise be
amended except in a writing signed by you and BOOKSXYZ, INC. This Agreement is
effective on November 1, 2002.
I. Definitions
A. As used in this agreement, "we", "us", "our", or
"BOOKSXYZ, INC" means BOOKSXYZ, INC and/or booksXYZ.com. The terms "you",
"your" or "booklister" means the "booklister."
B. "Booklister" means any individual, partnership,
corporation or entity who lists one or more books and/or material(s) on the
booksXYZ.com website for any of the purposes for which the BOOKSXYZ, INC
website was established.
C. "Customer" means any individual, partnership,
corporation or entity who desires to purchase a book, books and/or material(s)
from any Booklister through the booksXYZ.com website.
D. "Working days" means the days of the week excluding
Saturday and Sunday between 8:00 a.m and 5:00 p.m. CST (Central Standard Time),
excluding holidays recognized by Louisiana state law.
E. "Material" is defined as text, graphic images, and
associated data, in print or electronic format, together with all binding,
packaging and other presentational aspects.
F. The definitions of all terms defined elsewhere in this
User Agreement apply to the entirety of the User Agreement and to all policies
and/or provisions referenced herein.
II. General Provisions
A. This agreement shall not constitute either party as the
agent of the other, nor create a partnership, joint venture, or
employer-employee relationship between the parties. Booklister acknowledges it
has no power to obligate or bind BOOKSXYZ, INC in any manner whatsoever.
B. This agreement shall be construed according to and
governed by the laws of the State of Louisiana. Booklister consents to
jurisdiction and venue in the courts of Lafayette Parish, Louisiana. In any
action arising from this User Agreement between the parties hereto, the
prevailing party shall be entitled to its costs and reasonable attorneys fees.
If any provision or provisions of this Agreement shall be held to be invalid, or
unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not be in any way affected or impaired thereby.
C. All monetary transactions will be in U.S. dollars only.
III. Terms and Conditions
A. We will implement all services selected by Booklister on
services order forms required for Booklister registration on BOOKSXYZ and/or
booksXYZ.com.
1. We, however, reserve the right to reject any book(s)
and/or material submitted by you. In the case of rejection, all monies supplied
by the Booklister associated with rejected transactions and goods will be
returned to Booklister.
2. We reserve the right to review any book(s) and/or
material listed on our website and to determine, at our discretion, those books
and/or materials we deem to be offensive; and we reserve the right to refuse to
list and to bar and/or discontinue from our list any book(s) and/or material
deemed by us to be offensive.
3. We do not guarantee any given level of audience or
results.
B. We are only responsible for advertising and processing
orders, including order entry, payment processing, and related customer service
as described herein. You, the Booklister, are solely responsible for filling
orders, packaging, and shipping and by accepting the terms and conditions of
this User Agreement, you also accept the terms and conditions of our Procedure and our Return
Policy.
C. You shall not represent yourself as BOOKSXYZ, INC, and
you shall not in any way contradict delivery and pricing policies as outlined by
us. We limit our product offering to books listed in the BOOKSXYZ, INC database
as "trade" at list price. We agree to only list books which will be shipped from
within the fifty (50) United States including APO and FPO addresses.
D. We are not responsible for any delay in or failure to
perform our duties hereunder due to any occurrence due to force majeure
including but not limited to weather conditions, power failure, war, riots,
embargoes, strikes, or other concerted acts of workmen or deliverymen (whether
of BOOKSXYZ, INC or others), casualties or accidents, or any other causes, or
contingencies beyond BOOKSXYZ, INC's control, which prevent or hinder the
delivery of any of our obligations.
E. There are no warranties, expressed or implied, of the
products or services furnished under this Agreement. BOOKSXYZ, INC disclaims any
implied warranty or merchantability or fitness for a particular purpose or
software.
F. Reimbursement Policies
1. We will not sell books costing less than or equal to
$2.00 (two dollars.) You may, however, list such materials with us for free with
links to where they might be purchased.
2. For books costing more than $6.90 (six dollars ninety
cents), we agree to pay you 85% of the sale price plus your charged shipping
costs. For books costing more than $2.00 (two dollars) but less than or equal to
$6.90 (seven dollars), we agree to pay you 60% of the sale price plus your
charged shipping costs. See our Return Policy for
definitions and related terms and conditions.
3. We agree to pay you no later than twenty working days
after shipment of the book(s) to the Customer unless your total sales receipts
are less than $50.00 (Fifty dollars), in which case, we will pay you within
twenty working days after your confirmed sales have equaled or exceeded $50.00
(Fifty dollars), or on the last day of the first full month after the
transaction and within twenty days of said credit, the funds will be credited
to your bank account or mailed to you as a check, at our discretion.
G. Duties and Obligations of You, the Booklister
1. You warrant and represent that any book and/or material
submitted to BOOKSXYZ, INC, for placement on BOOKSXYZ, INC's website,
booksXYZ.com, does not violate any law or infringe the copyrights,
trademarks, trade names, or patents of any other person, entity, or corporation,
and contains no matter which is libelous, slanderous, an invasion of privacy, an
unlawful appropriation of name and likeness, defamation of character, or is
otherwise injurious to the rights of any other person, and that you have
obtained all necessary consents prior to submission to BOOKSXYZ, INC.
2. You assume liability, jointly and severally, for all
content, including, but not limited to, text, representations, and names, of
materials submitted for placement on BOOKSXYZ, INC's website. You agree, jointly
and severally, to indemnify and hold BOOKSXYZ, INC harmless against any and all
claims, losses, liabilities, and expenses, including attorneys' fees and legal
expenses resulting from and attributable to the placement of any book(s) and/or
materials, submitted by you, on BOOKSXYZ, INC's website.
3. You acknowledge that BOOKSXYZ, INC's website and
programs are subject to continuing development, and that such developmental
changes may vary the character of BOOKSXYZ, INC's website and programs.
4. You agree that BOOKSXYZ, INC shall not in any way
acquire ownership of the book(s) and/or material submitted by you. You are free
to pursue any and all publishing ventures, and agree that BOOKSXYZ, INC is only
providing services limited to the advertising and sale of your book(s) and/or
material including processing orders, order entry, payment processing, and
related customer service. BOOKSXYZ, INC assumes no responsibility for editing,
misspelling, rewriting, page numbering, indexing, or any other errors in your
work.
5. You agree to pay 100% of all shipping costs.
6. You agree that Customers may return any book for any
reason within two weeks, or ten (10) working days of receipt if the book is
returned in the condition it was received and that returned books will be
refunded for the full sale price with both you and us returning our respective
shares of the purchase price. Book returns are subject to the terms and
provisions of our Return Policy.
7. You agree to represent BOOKSXYZ, INC and your book(s)
and/or material(s) submitted to us for listing in a professional manner.
However, you agree and acknowledge that this User Agreement shall not constitute
either party as the agent of the other, nor create a partnership, joint venture,
or employer-employee relationship between the parties. You further acknowledge
that you have no power or authority to obligate or bind BOOKSXYZ, INC in any
manner whatsoever.
8. You agree to select and use quality packaging materials
and to use packaging material that is unused, durable, neat, clean and
appropriate for the contents to be packaged. We reserve the right to require
that you use packaging materials approved by us.
9. You agree to use diligence in promoting your book(s)
and/or material which is/are listed on booksXYZ.com.
10. You agree to respond to and/or answer and/or
acknowledge any and all communications, including but not limited to e-mails,
electronic communications, and/or written communications, received by you from
BOOKSXYZ, INC within three (3) working days. You agree that if you will not be
available for more than three (3) working days, you will notify us in advance by
completing and submitting to us the "Delay Section" in the Admin Panel on the
BOOKSXYZ, INC website or otherwise by advance notice in writing to us at least
two working days before the first date you will not be available to us at :
BOOKSXYZ, INC, 412 Travis St. #220, Lafayette LA 70503; or by fax at:
337.769.1468. To be "available" means that you will be able to access and/or
obtain your electronic messages and/or e-mails on working days.
11. You agree to ship your book(s) and/or material within
three (3) working days of receiving notice from BOOKSXYZ, INC of an order unless
you have notified us in advance that the you will be unavailable. If you are
unavailable, you are responsible for shipping all accrued orders within three
(3) working days of becoming available, as defined in Subsection 11.
12. You agree that you are solely responsible for any and
all lost book(s) and/or material. You agree that you are solely responsible for
pursuing and/or seeking reimbursement and/or other satisfaction from shippers,
including but not limited to USPS. Subject to our discretion, we may choose to
intervene on your behalf. We agree to maintain records regarding any complaint
you may have related to your USPS transactions and/or deliveries, if you convey
those complaints to us via electronic mail.
13. You agree that you will fully comply with all packaging
and shipping instructions as described in the
Procedure, unless otherwise negotiated with us.
H. You may elect to ship your packages by insured mail. In
such an event, you agree to be solely responsible for obtaining and paying the
costs of said insurance. Insurance costs must be included with the shipping
costs, which may not exceed the limits described in Section G. Paragraph 5. of
this Agreement, unless you obtain prior permission from us. You acknowledge and
agree that BOOKSXYZ, INC will not be responsible in any way for the your
decision to use or not use insured mail, for any costs associated with said
insurance. Furthermore, BOOKSXYZ, INC does not warrant or guarantee delivery of
your book(s) and/or material whether insured or not.
I. You shall have the right to terminate this Agreement for
any reason, at any time, provided that notice is communicated in writing to:
BOOKSXYZ, INC, 412 Travis St., Lafayette LA 70503.
J. You agree that by registering with BOOKXYZ, INC and/or
booksXYZ.com, you agree to be bound by all of the terms and conditions of
this User Agreement and of any policy and/or provision referenced herein.
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