Terms of Use

1. Acceptance of Terms

The following are the terms of use (the "Terms of Use") between you and Books on First that you demonstrate your acceptance of by accessing, browsing or using this Web site ("this Site").

2. Restrictions on Use of Site and Proprietary Rights

The content on this Site is subject to the following protections:

• a. All text, graphics, logos, button icons, images, software, audio, video and other content within this Site (collectively, the "Materials") is the property of Books on First or its content suppliers, and protected by U.S. and international copyright laws and other intellectual property protections;
• b. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Books on First, and protected by U.S. and international copyright laws and other intellectual property protections;
• c. All software used on this Site is the property of Books on First or its software suppliers, and protected by U.S. and international copyright laws and other intellectual property protections;
• d. The content and software on this Site may only be used for your individual and commercial information, education and communication; and any other use, including the reproduction, modification, distribution, transmission, republication, display, removal or deletion of the content on this Site is prohibited;
• e. Nothing contained in these Terms of Use will be construed as conferring to you, whether by implication, estoppel or otherwise, any license, title or ownership of, or right to use, any Materials or intellectual property right of Books on First or any third party;
• f. You may copy select portions of the Materials, provided they are only for your personal use and maintain any notices contained in the Materials such as copyright notices, trademark legends or other proprietary rights notices; and
• g. Except as provided in the preceding paragraph, or as permitted by the fair use privilege under the U.S. copyright laws, you may not download, reproduce, distribute, modify, transmit, reuse or re-post in any way Materials protected by copyright or other proprietary right, without obtaining Books on First's prior written permission.

3. General Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE MATERIALS HAVE BEEN COMPILED BY BOOKS ON FIRST FROM INTERNAL AND EXTERNAL SOURCES. WHILE BOOKS ON FIRST HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THE COMPLETENESS OR ACCURACY OF THE MATERIALS. IN PARTICULAR, YOU SHOULD BE AWARE THAT THE MATERIALS MAY BE INCOMPLETE, MAY CONTAIN ERRORS OR MAY HAVE BECOME OUT OF DATE. YOU SHOULD THEREFORE VERIFY INFORMATION OBTAINED FROM THIS SITE BEFORE ACTING UPON IT.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN THROUGH THIS SITE OR OTHERWISE BY BOOKS ON FIRST OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSERS OR THE LIKE, SHALL CREATE A WARRANTY; IF YOU RELY ON ANY SUCH INFORMATION OR ADVICE YOU DO SO AT YOUR OWN RISK.

NEITHER BOOKS ON FIRST, ITS OFFICERS, DIRECTORS OR SHAREHOLDERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENT CONTAINED ON THIS SITE, SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF BOOKS ON FIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Links to Third Party Web Sites and Framing

This Site may provide links or references to other sites (collectively, the "Other Sites"). Books on First has no responsibility for the content of Other Sites, does not make any representations or give any warranties regarding information contained at Other Sites and will not be liable for any damages or injury arising from the content of Other Sites. In most cases, Books on First does not endorse companies or products to which it has provided links. Any links to Other Sites are provided merely as a convenience to you. If you decide to access any Other Sites, you do so at your own risk and Books on First may terminate any link or linking program at any time. If access to this Site is provided by a hypertext link located at another Web site, Books on First does not make any representations or give any warranties regarding information contained at these other Web sites and will not be liable for any damages or injury arising from such content. Books on First does not endorse the individuals or companies, or any products or materials associated with such individuals or companies, that provide a link to this Site. Unless approved in writing in advance by Books on First, you will not: (a) provide or create a link to this Site; or (b) create any frames at any other Web sites relating to the Materials.

5. Updates

The Materials published on this Site may include technical inaccuracies or typographical errors. Changes, including, without limitation, to quoted prices, may be made periodically without notice, as well as improvements and/or changes in the products, services, programs or policies described in the Materials. Additionally, Books on First may revise these Terms of Use at any time by updating this posting on the Site. By using this Site, you will be subject to any such revisions.

6. On Line Conduct

Any conduct that restricts or inhibits any other user from using or enjoying this Site will not be permitted, and this Site will be used only for lawful purposes. You are prohibited from posting on, or transmitting through, this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil or otherwise violate any applicable local, state, national, or international law. Books on First will fully cooperate with any law enforcement authorities or court order requesting or directing Books on First to disclose the identity or help identify or locate anyone posting such information or materials.

7. Communications with the Site

Communications and material you transmit to the site by e-mail or otherwise, including data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Books on First cannot prevent the "harvesting" of information from this Site, and you may be contacted by Books on First or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Books on First, may or may not be posted to this Site at Books on First's sole discretion and may be used by Books on First for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Books on First is authorized by you, but not obligated, to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Although Books on First may from time to time monitor or review discussion, chats, postings, bulletin boards and the like on the Site, Books on First is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.

8. Products and Services Availability

Books on First may provide access to international information, which information may contain references or cross references to products, programs and services that are not currently available in the country or state of the United States in which you reside or are accessing this Site. Books on First's provision of such references does not mean or otherwise imply that the products, programs and services are available in all states of the United States or countries.

9. Termination of Usage

Books on First may terminate access to all or part of this Site without notice, for conduct that Books on First believes is in violation of any applicable law or is harmful to the interests of another user, a third party or Books on First.

10. Governing Law and Jurisdiction

Access to and use of this Site is governed by U.S. federal law and/or the laws of the State of Illinois. Any legal action or proceeding relating to your access to or use of this Site will be brought only in a state or federal court located in Lee County, Illinois. YOU AND BOOKS ON FIRST AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

11. Waiver

No delay or omission by Books on First to exercise any right created pursuant to these Terms of Use will impair, or act as a waiver of, such rights or a waiver of any other rights arising under these Terms of Use.

12. Severability

If any provision of these Terms of Use is invalid under an applicable statute or law, the provision will be deemed deleted, and the remainder of these Terms of Use shall remain in full, force and effect.

13. Trademark/Proprietary Rights Information

Books on First, the Books on First logo and other designated product and feature names are trademarks of Books on First or otherwise protected by Books on First, and may be used publicly only with prior written permission from Books on First. Other logos, trademarks and service marks are the property of their respective owners, and may be used publicly only with prior written permission from such owners. Fair use of such materials requires proper acknowledgment.

14. Affiliates

Books on First is currently a member of American Booksellers Association (the "ABA") and BookSense. ABA and BookSense are not the sole affiliates of Books on First, and neither is Books on First the sole affiliate of ABA or BookSense. Books on First has in the past, although not automatically nor exclusively, participated; is currently participating; and anticipates continuing to participate, although not automatically nor exclusively, in activities and programs from time to time sponsored by ABA or BookSense, but is under no obligation to participate in any program sponsored by ABA or BookSense or to honor any agreement between or among American Booksellers Association, BookSense and any other third party.

15. Privacy Policy

Any information obtained from you by accessing, browsing or using this Site is subject to our privacy policy. For more information, please click on our Privacy Policy link provided immediately below.

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