| TERMS OF USE |
| DIGITIZED ACCESS AGREEMENT |
| PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING THE SYSTEM. BY ACCESSING THE SYSTEM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, DO NOT ACCESS THE SYSTEM. YOUR USE OF THE SYSTEM IS SUBJECT TO AND CONTINGENT ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. |
| ACCESS AGREEMENT |
| THIS AGREEMENT (the "Agreement") is hereby entered into between this store, ("Host") and the person executing this Agreement ("You"). The following terms and conditions apply to your use of this Internet system (the "System") |
| 1. Agreement. This Agreement governs (a) Your relationship with Host, whose data representing certain Products currently resides on the System, and (b) Your use of the System, as described more fully in Section 2 "OnLine Services". The terms and conditions of this Agreement may be changed by Host or its third party service provider (collectively, the "Online Service Providers") upon publication of a notice in the OnLine Services and any such change will be effective upon publication. If You use the OnLine Services after the effective date of any such change you will be deemed to have accepted that change. If You do not agree with a proposed change, You may terminate this Agreement as specified in Section 11 "Term & Termination". |
| 2. OnLine Services. The Online Service Providers, on this Internet site, provide a proprietary System consisting of the enabled features provided herein (the "OnLine Services"). Online Service Providers may, in their sole discretion change, add or discontinue features and access privileges available through the OnLine Services at any time. |
| 3. Ordering Products. Host is not the manufacturer, distributor, or reseller of the Products, and You agree to look solely to such manufacturer, distributor, or reseller for all claims regarding the Products. |
| Depending on the functionality provided herein, You may have the option to purchase Products over the OnLine Services using a credit card and by sending that information over the Internet to Host. The OnLine Services use the "Secure Sockets Layer," which is intended to encrypt your communication to protect the information from access by unauthorized third parties. Neither Host nor any Online Service Provider, however, can guarantee that the Secure Sockets Layer will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. You agree that the Online Service Providers shall not have any liability for any failure by the encryption technology to protect your information. |
| The OnLine Services may contain links to other sites on the Internet which are owned and operated by Product manufacturers and other third parties (the "External Sites"). You acknowledge that Online Service Providers are not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. |
| 4. Access to OnLine Services. This World Wide Web address may be changed from time to time. You are responsible, at Your own expense, to obtain, install, configure and maintain equipment to access and use the OnLine Services. You assume all risk for ensuring the ongoing compatibility of remote access equipment with the OnLine Services. |
| 5. Use of OnLine Services. If You have been provided with a User ID and password, then You are responsible for safeguarding and protecting your User ID and password from disclosure or use by others. You will promptly change Your password and notify Host if You have reason to believe Your account is being accessed or used by others. YOU ARE STRICTLY LIABLE FOR ALL ACTIVITY USING YOUR USER ID AND ACCOUNT. |
| You may use the System solely for accessing the Product information that is made available in the System and, if applicable, ordering products from the Host. The information obtained from the System may be used solely in support of Your internal business or personal activities. In conjunction with Your use of the System, You may download, store, load and execute any Flash/Shockwave Movies or other client-side routines (collectively, the "Flash/Shockwave Movies") made available by Online Service Providers for such purpose. |
| You may not use the System or the Flash/Shockwave Movies except as authorized under this Agreement. You may not: |
| i. publicly display, copy, download, store, reproduce, transmit, distribute, resell or otherwise exploit any part of the OnLine Services, or Flash/Shockwave Movies or data or information derived from the OnLine Services, in any format or through any technology or media now existing or hereafter developed; or |
| ii. reverse engineer, disassemble, decompile, or otherwise apply any procedure or process to the Flash/Shockwave Movies in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Flash/Shockwave Movies or any trade secret information contained in the Flash/Shockwave Movies; or |
| iii. disclose the Flash/Shockwave Movies to any third parties; or |
| iv. assign, transfer, sublicense, rent, lease or loan any of Your rights, nor delegate any of Your obligations under this Agreement, and any attempt to the contrary shall be void and a material breach of this Agreement.Your obligations hereunder shall survive termination of this Agreement. |
| 6. Warranties. INFORMATION CONTAINED IN THE ONLINE SERVICES REPRESENTS DATA COMPILED BY ONLINE SERVICE PROVIDERS FROM THIRD PARTIES AND IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. ONLINE SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION. YOU AGREE THAT THE ONLINE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, GUARANTEE OR OTHER ASSURANCE OF QUALITY, CONFORMITY WITH SPECIFICATIONS, RELIABILITY OR FUNCTIONALITY. YOU ACCEPT ALL RISK CONCERNING SUITABILITY, USE, ERRORS, DELAY, PERFORMANCE, OR NONPERFORMANCE OF THE ONLINE SERVICES AND ALSO CONCERNING ANY LENDING SERVICES OR SECURITY BREECHES. ONLINE SERVICE PROVIDERS MAKE NO WARRANTY, EXPRESS, STATUTORY, OR IMPLIED, AND DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. |
| 7. Ordering and Acceptance. Any prices contained on the System have been provided to Online Service Providers by third parties and to the best of Online Service Provider's knowledge, the prices are accurate. If You submit an order and it is determined that the prices on which the order was based are in fact, inaccurate, Your Order will be rejected and You will have the opportunity to submit a new order at the correct pricing. |
| 8. Certain Proprietary Rights. The Flash/Shockwave Movies provided hereunder may contain trade secret and other proprietary information belonging to the Online Service Providers. You agree that all right, title and interest (including all copyrights and other intellectual property rights) in the Flash/Shockwave Movies and the OnLine Services belong exclusively to the Online Service Providers. |
| 9. Force Majeure. Online Service Providers are excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. |
| 10. Limitation of Remedies & Liabilities IN NO EVENT SHALL ONLINE SERVICE PROVIDERS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) INCURRED BY YOU OR ANY THIRD PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. |
| 11. Term & Termination. This Agreement shall continue in full force and effect each time and for as long as You use the System. Not withstanding the foregoing, (i) Online Service Providers may suspend or terminate this Agreement at any time without notice, and (ii) You may terminate this Agreement at any time if You do not agree to any amendment published under the Section entitled "Agreement". Termination of this Agreement will terminate Your ability to access or use the OnLine Services. |
| 12. Export Regulations. The transfer of technology across national boundaries is regulated by the U.S. Government. You hereby certify that you are not a national or resident of any country under current trade embargo by the United States Government and agree not to export or re-export (including by way of inbound or outbound electronic transmission) any data or technology derived from the collegestudent.com System in violation of United States laws and regulations. This provision and the certifications made herein shall survive termination of this Agreement. |
| 13. Miscellaneous. THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, without giving effect to any principles of conflicts of law, and the United States, including U.S. Copyright Law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be reformed, if possible, to the minimum extent necessary to otherwise remain in full force and effect and shall not affect the validity and enforceability of any remaining provisions. This Agreement may only be amended as provided in Section 1 "Agreement". This document and Your signature in electronic form, or a hardcopy duplicate in good form, shall be considered an original document with authenticated signature admissible into evidence unless the document's authenticity is genuinely placed in question. |
| NOTICE |
| Your use of these OnLine Services is governed by and conditioned on your consent to this Web Storefront Access Agreement. You agree that You have reviewed this Agreement to your satisfaction. By regestering with the site, you agree to be bound by this Agreement, just as if you had signed it in pen and ink. |
| PRIVACY POLICY |
| Pick-A-Prof ("Pick-A-Prof") is committed to protecting your privacy. This is our policy regarding the protection and dissemination of information that we gather online. By using our service, you are consenting to the practices described in this policy. Please review this policy carefully. |
| Information We Collect |
| Information Collected Upon Registration |
Pick-A-Prof collects a variety of different information, primarily through registration on one of our sites or one of our partner's sites. |
| Information Collected Through Our Web Site |
| Pick-A-Prof also collects standard information when you visit our Web site. For example, we collect your IP address, which is a number that can be used to identify your location and Internet service provider. We also collect the URL, the full address of a Web Site page, which may contain some personal or identifying information about you, which sites you visited before visiting our site and the URLs you visited while on our site. We use cookies, which are strings of text and numbers that can identify your computer to us and which may be correlated with identity information in our log files, when you visit our site. |
| Information Collected Through Email |
| We also collect information when we send and receive emails. For example, when we send emails to our registered users, we may provide a URL link to the Pick-A-Prof site that contains an alphanumeric identifier, which allows us to identify the person to whom we sent the email so that we can personalize our content for that individual. We may also use pixel tags, or tiny graphic files not visible to the human eye, in our HTML-encoded email messages, to gather information about the emails we send to our users. When such a message is opened in an HTML-capable email program, the recipient's computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with your email address, the date and time the recipient viewed the email, the fact that the recipient's email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag also may see or read cookies. |
| How We Use The Information |
| Our Use of Information |
| We use the information we collect to operate the Pick-A-Prof service by providing personalized content, advertising, and commercial messages (collectively, "Content") to you. We may also use the information we collect to send you information about our company and to keep you informed about various products, services and special promotions which might be of interest to you. In addition, we may use the information to allow companies providing selected services through our site to contact you regarding their services. |
| Our Use of IP Addresses |
| We use your IP address to help diagnose problems with our server and to administer our Web site. IP addresses may be disclosed to a third party if Pick-A-Prof believes in good faith that the law or legal process requires it, or to protect the rights or property of Pick-A-Prof or others. |
| Our Use of Cookies |
| We use cookies to deliver content specific to your interests, among other purposes. As discussed in the next section, we may elect to use a third-party advertising company to display ads through our service. These advertisements may contain cookies. While we use cookies in other parts of our Web site, cookies received with banner ads are collected by our advertising company, and we may not have access to this information. Likewise, some of our partners may use cookies. We do not control their use of cookies but may have access to the information contained in or related to those cookies. |
| Use of Your Information by Third-Parties |
| From time to time we may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. In these cases, these companies or individuals will have access to personal information needed to perform their functions but may not use it for other purposes. |
| Pick-A-Prof may also retain third-party advertising companies to place banner ads on our site and in email communications sent to our users. Pick-A-Prof may correlate your information with information held by the advertising company to target ads to Pick-A-Prof users most likely to be interested in them, which we believe improves the users' experience and the effectiveness of the advertisements. The advertising company also may read or set cookies, track which ads you have viewed, or collect other information about you. The privacy practices of the advertising company, advertisers, and other companies are not covered by this privacy policy. Please contact those companies directly for more information about their privacy practices. |
| Information We Share |
| Some information we collect, such as your email address, may be used by us for our business partners benefit. In addition, third parties who offer services through our site may independently collect information about you. If you have questions about any third party's data collection practices, we encourage you to contact them directly. We are not in the business of selling your information to others. However, if a third party acquires Pick-A-Prof, or substantially all of its assets, your information may be one of the assets transferred to the third party. In such a case, we will take all reasonable precautions to ensure the protection of your information. |
| The personal information you have given us and information about your order may be shared with third parties. This information may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. It may also be used by our marketing partners to bring you offers of interest. |
| Our Commitment |
| Unless otherwise disclosed in this policy, Pick-A-Prof will not edit or disclose your data or the contents of your private communications unless we have a good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Pick-A-Prof; (2) protect and defend the rights or property of Pick-A-Prof, including exchanging information with other companies and organizations for fraud protection and credit risk reduction; or (3) act under exigent circumstances to protect the personal safety of its members or the public. Also, certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the service; or (4) conform to other similar requirements. |
| Our Use of Information. |
| We collect personally identifiable information when you use our Web site. We may also receive personally identifiable information from our business partners. Personally identifiable information may include such information as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. In addition, we automatically receive and record information on our server logs from your browser including such information as your IP address, cookie information and the Web page you visited. We use the personally identifiable information for three purposes: to provide personalized content, advertising, and commercial messages to you; to send you information about us to keep you informed about various products, services and special promotions which might be of interest to you; and to allow companies providing selected services through our site to contact you regarding their services. [In addition, you may request removal from the Pick-A-Prof database by sending an email to info@pickaprof.com.] |
| Our Security Practices |
| We work to protect the security of your information during transmission by using Secure Sockets Layer software, which encrypts information you input. When we confirm an order, we will reveal only the last five digits of your credit card number. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. Even though we have these security measures in place to protect the loss, misuse and alteration of the information under our control and we make our best efforts to store the information collected by the Pick-A-Prof service in a secure operating environment that is not available to the public, we cannot guarantee complete security of your information. |
| Our Policy Regarding Links and Other Web Sites |
| Our Web site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. |
| How You Can Opt-Out and Deactivate Our Service |
| While Pick-A-Prof does not give users the opportunity to remove their information from our database, you may elect not to receive future communications from us. You may also elect not to have us distribute your information to other companies. If you do not want to receive information from us, or if you do not want your information provided to other companies, please notify us at Info@pickaprof.com. Please be aware that, even after you notify us that you do not want to continue to receive information from us, companies to whom we have previously provided your information may independently send you communications. In that event, please contact those companies directly if you do not wish to receive communications from them. |
| Our Policy Concerning International Users |
| If you are an international user, by registering with Pick-A-Prof and using the service, you agree that Pick-A-Prof may collect, use, and transfer information about you as described in this Privacy Policy. |
| Contacting Pick-A-Prof |
| We strive to do everything we can to protect the privacy of our users. Please feel free to share any comments and concerns with us. If you have any questions about this privacy statement, the practices of this site, or your dealings with Pick-A-Prof, you can contact us by email at Info@pickaprof.com. |
| Pick-A-Prof Book Exchange |
| As a user of this web site you acknowledge that you are using it at your sole risk. Pick-A-Prof offers Book Exchange as a way for students to interact with each other to sell and purchase textbooks. Pick-A-Prof assumes absolutely no responsibility or liability for the services offered in connection herewith, including without limitation, any and all problems that may occur during the transaction or use of this service. Without limiting the foregoing, Pick-A-Prof assumes absolutely no responsibility or liability for any failure by a user of this service to deliver a book or any other item to the other user of this service, any failure to pay for any exchange occurring in connection with this service, the quality or any misrepresentation with respect to the quality of any items exchanged in connection with this service, or any representations whatsoever by a user to another use with respect to any item(s) exchanged in connection with the service, any incidents that may arise during the exchange of or delivery of items transferred to a party in connection with this service. It is suggested that you only meet in high traffic public places during daylight hours to avoid any problems. Also, be aware that textbooks used for a course one semester may not be used again the next semester. Before purchasing a textbook, check with your professor or course syllabus to ensure that it is going to be used. If you purchase a textbook that is not going to be used, Pick-A-Prof assumes no responsibility on behalf of the buyer or seller. Also, textbook condition is a subjective measure. Look through the textbook and ensure that it is in a condition you wish to purchase and use. Booklists, course information, prices and availability information are subject to change at any time without notice. PICK-A-PROF.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMI-TATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PICK-A-PROF.COM or any of its directors, employees, merchants, content providers or any other party involved in the creation or maintenance of this site OR ANY OF their RESPECTIVE AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR RELATED TO THIS AGREEMENT OR AN ATTACHMENT. Except as specifically stated on this web site, under no legal theory, tort, contract, or otherwise shall Pick-a-Prof.com nor any of its directors, employees, merchants, content providers or any other party involved in the creation or maintenance of this site OR ANY OF their RESPECTIVE AFFILIATES BE LIABLE TO be liable to you or any other party for damages arising out of or in connection with the use of or inability to use this site. To report any problems or unfriendly sellers, please e-mail bookexchange@Pickaprof.com. |
| The Host is not affiliated in any way with applicable colleges and universities, its member institutions or any of their affiliates. The reviews, ratings, comments and other content posted to this site by parties other than the Host are solely the opinions of the author and do not reflect the views of the Host. The Host does not control the control the content of the reviews on this Site and any opinions, advice, statements, services, offers or other information or content presented or disseminated as part of such reviews are those of their respective authors who are solely liable for their content. The Host and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted in any review. The Host expressly disclaims responsibility for the content posted by any author other than Host. |
| COPYRIGHT COMPLAINTS |
| If you believe that a work posted on this Site constitutes copyright infringement, we encourage you to notify us. We ask that, in such cases, you provide us with the written information specified below. |
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