Terms of Use
INTRODUCTION
Please read these website terms of use carefully before using this website (the "website"). These website terms of use (the "terms of use") govern your access to and use of the website. The website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the website. By accessing or using the website, you and the entity you are authorized to represent ("you" or "your") signify your agreement to be bound by the terms of use.
TERMS OF USE
The following terms and conditions govern your use of FleetTextBooks.org. Your viewing or use of this site will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively "you" or "your"), to all of the terms and conditions provided below. FleetTextBooks may make future changes or modifications to such terms and conditions at any time without notice and your subsequent viewing or use of FleetTextBooks will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided throughout FleetTextBooks governing your use of particular functions, features, information and applications available through FleetTextBooks.
USER ELIGIBILITY
The Website is provided by FleetTextBooks and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
TAXES AND INVOICES
You acknowledge and agree that following the entry of an order for products or services offered on the Site, the total amount of charges due is subject to FleetTextBooks LLC standard order, billing and collection terms and conditions. You are responsible for payment of all invoices, credit and debit card charges, special shipping charges, and applicable taxes that result from your use of the Site.
REFUNDS AND RETURNS
Unless otherwise agreed in writing, all products and services offered on this Site are provided under FleetTextBooks standard policies regarding refunds and returns. Visit our 5 moneyback guarantees, 12 promises and Limited Warranty and Limited Guarantees.
MODIFICATIONS
FleetTextBooks may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of FleetTextBooks. FleetTextBooks may also change or impose fees for products and services provided through the Website at any time in its sole discretion. FleetTextBooks may establish or change at any time, general practices and limits concerning other FleetTextBooks products and services in its sole discretion.
TERM
FleetTextBooks may discontinue, suspend or modify the FleetTextBooks website at any time without notice, and FleetTextBooks may block, terminate or suspend Your and any user's access to FleetTextBooks website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
TERMINATION OF THIS AGREEMENT
You agree that FleetTextBooks, in its sole discretion, may terminate or suspend Your use of the Website, the Library Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (1) discontinue use of the Website, and (2) destroy any copies You have made of any portion of the Content. Accessing the website, the FleetTextBooks system of Information any portion of the content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that FleetTextBooks shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the FleetWhiz™ CD, FleetTextBooks Library™, Other Information and/or the Products and Services.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that;
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available' basis. FleetTextBooks expressly disclaims 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.
FleetTextBooks makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the website will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material. No advice or information, whether oral or written, obtained by you from FleetTextBooks or through or from the service shall create any warranty not expressly stated in the terms of use.
LIMITATIONS OF LIABILITY
You expressly understand and agree that FleetTextBooks 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 FleetTextBooks has been advised of the possibility of such damages), resulting from (1) the use or the inability to use the service; (2) 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 service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; or (5) any other matter relating to the service.
FORCE MAJEURE
FleetTextBooks shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of FleetTextbooks in the conduct of its business.
INDEMNIFICATION
You hereby release, and agree to defend, indemnify and hold harmless FleetTextBooks and its respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use of viewing of FleetTextBooks Website and its Content.
LEGAL INQUIRIES AND REQUESTS
In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity. You agree and authorize FleetTextBooks to disclose information about You without a subpoena. FleetTextBooks, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. FleetTextBooks may disclose information about You as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of FleetTextBooks. FleetTextBooks reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
CHOICE OF LAW AND VENUE
This agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice of law promises that would require application of the laws of another jurisdiction. By entering into this agreement, all parties irrevocably submit themselves to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute related to this agreement or its enforcement. The parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Dallas County, Texas with regard to any dispute between the parties relating to this agreement or its enforcement.
CHANGES TO THIS AGREEMENT
FleetTextBooks may change this contract at any time. Changes to this contract will be prominently posted to the system. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located on FleetTextBooks' Homepage. The most current version of the Terms of Use will supersede all previous versions. Changes shall take effect, unless otherwise indicated, thirty (30) after posting. If you do not agree with any changes, You have the option of canceling your subscription prior to the changes taking effect. Your use of the system or continued use of the system after changes take effect means that you agree to be bound by such changes.
LINKS TO OTHER WEBSITES
There are links on FleetTextBooks Website which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by FleetTextBooks. FleetTextbooks makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. FleetTextBooks has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
A. Outbound Links
The Website may contain links to third-party Websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by FleetTextBooks of the content on such Linked Sites. FleetTextBooks makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. FleetTextBooks is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
B. Inbound Links
Linking to any page of the Website other than to http://www.FleetTextBooks.org through a plain test link is strictly prohibited in the absence of a separate linking agreement with FleetTextBooks. Any website or other device that links to http://www.FleetTextBooks.org or any page available therein is prohibited from (1) replicating Content, (2) using a browser or border environment around the Content, (3) implying in any fashion that FleetTextBooks or any of its affiliates are endorsing it or its products, (4) misrepresenting any state of facts, including its relationship with FleetTextBooks and services or any of its affiliates, (5) presenting false information about FleetTextBooks products or services, and (6) using any logo or mark of FleetTextBooks or any of its affiliates without express written permission from FleetTextBooks.
SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact will be substituted therefore.
EXPORT
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access FleetTextBooks regarding access, use, export, reexport and import of any Content appearing on or available through FleetTextBooks. You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, and that You are not a national of any such country.
RESTRICTIONS OF USE OF WEBSITE
In addition to other restrictions set forth in these Terms of Use. You agree that:
A. You shall not disguise the origin of information transmitted through the Website.
B. You will not place false or misleading information on the Website.
C. You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by FleetTextBooks.
D. You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the Intellectual Property (defined below) rights of another.
E. Certain areas of the Website are restricted to customers of FleetTextBooks.
F. You may not use or access the Website of the FleetTextBooks Systems or Services in any way that, in FleetTextBooks' judgement, adversely affects the performance or function of the FleetTextBooks' Systems, Services or the Website or interferes with the ability of authorized parties to access the FleetTextBooks' Systems, Services or the Website.
G. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of FleetTextBooks.
In addition, users may not:
H. Use these Web pages for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
I. use or attempt to use any "deep-link," "scraper," "robot," "bat," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these Web pages, any data or content found on or accessed through these Web pages, or any other FleetTextBooks' Information without the prior express written consent of FleetTextBooks;
J. obtain or attempt to obtain through any means any materials or information of these Web pages that have not been intentionally made publicly available either by their public display on these Web pages or through their accessibility by a visible link on these Web pages;
K. violate any measure employed to limit or prevent access to these Web pages or their content;
L. violate the security of these Web pages or attempt to gain unauthorized access to these Web Pages, data, materials, information, computer systems or networks connected to any server of these Web Pages, through hacking, password mining or any other means;
M. interfere or attempt to interfere with the proper working of these Web pages or any activities conducted on or through these Web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these Web pages;
N. take or attempt any action that, in the sole discretion of FleetTextBooks imposes or may impose an unreasonable or disproportionately large load or burden on these Web pages or the infrastructure of these Web Pages.
NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this service, use of the service, or access to the service.
SUBMISSIONS
FleetTextBooks does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, You acknowledge that (1) they will not be considered confidential or proprietary, (2) FleetTextBooks and its affiliates are under no obligation to keep such information confidential and (3) FleetTextBooks will have an unrestricted, irrevocable, worldwide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
GENERAL INFORMATION
A. The Terms of Use constitutes the entire agreement between You and FleetTextBooks and governs your use of the service, superseding any prior agreements between You and FleetTextBooks (including, but not limited to, any prior version of the Terms of Use) any prior representations by FleetTextBooks.
B. The failure of FleetTextBooks to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
C. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
D. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
E. The section titles in the Terms of Use are for convenience only and have not legal or contractual effect.
REVISIONS
FleetTextBooks may at any time revise these Terms of Use by updating this posting. By using this site, You agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which You are bound.
CONTACT US – CORRESPONDENCE AND NOTICES
If you have questions about this Terms of Use, the practices of this site, or your experience on the site, you may contact us. All notices required by this agreement may be sent by email to Info@FleetTextBooks.org or by registered mail to:
FleetTextBooks LLC
381 Casa Linda Plaza #385
Dallas, TX 75218-3423 USA
Phone: 214-320-3006
Email: Info@FleetTextBooks.org
Website: FleetTextBooks.org
Notices are effective upon receipt.
I HAVE READ THIS TERMS OF USE. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I CONSENT AND AGREE TO BE HELD TO THESE TERMS.
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