termsofservice
Lieberman’s Dynamic Bookstore WEBSITE TERMS OF USE
Use of the Lieberman’s Dynamic Bookstore website (the “Site”) and the
content contained herein (the “Site”) is governed by the terms of this
Agreement (the “Agreement”) between you and Lieberman’s Dynamic
Bookstore (“Bookstore”). Your use of this Site constitutes your
unconditional agreement to be bound by the terms of this Agreement.
If you do not agree with the terms and conditions of this Agreement,
you must immediately cease using this Site.
1. The Site is subject to protection under copyrights, trademarks
and/or other intellectual property rights owned, controlled or licensed
by Bookstore and its affiliates or by third parties. These rights are
protected by common law, state laws, and U.S. and international laws.
Bookstore expressly reserves all rights, titles, and interests in and
to all copyrights, trade names, logos, patents and other intellectual
property and proprietary rights in and to the Site, including but not
limited to any images, photographs, animations, video, audio, music,
text, and "applets"; the overall "look and feel", processes, software,
technology, and other materials which appear on this Site; and the
business processes used to market products and services. You agree that
your rights are limited to those granted herein, and you will not
acquire any rights except as expressly set forth in this Agreement.
2. You are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing data
not intended for your use or logging onto a server or an account which
you are not authorized to access; (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including without
limitation, via means of submitting a virus to the Site, overloading,
“flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending
unsolicited email, including promotions and/or advertising of products
or services. Violations of system or network security may result in
civil or criminal liability.
3. The Site may contain robot exclusion headers. Much of the
information on the Site is updated on a regular basis and is
proprietary or is licensed to Bookstore by our suppliers and other
third parties. You agree not to use any device, technique, software,
system or routine to interfere or attempt to interfere with, or to
otherwise circumvent the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use or attempt
to use any engine, device, technique, software, tool, agent or other
device or mechanism (including without limitation browsers, spiders,
robots, scrapers, avatars or intelligent agents) to navigate, access or
search this Site, other than generally available third party web
browsers such as Microsoft Internet Explorer™, Netscape Navigator™, and
Mozilla Firefox™, Google Chrome™, or Apple Safari™,. Additionally, you
agree that you will not take any action that imposes or may impose (in
the sole discretion of us or our suppliers affected by your action) an
unreasonable or disproportionately large load on our infrastructure, or
the bandwidth or infrastructure of the company that hosts this Site, or
bypass the robot exclusion headers or other measures on this Site or on
the host servers that may be used to prevent or restrict access.
4. Bookstore will not be liable for damages resulting from any failure
caused by events beyond its control, by any act of God, such as a power
failure, or by any other cause not within the control of Bookstore.
5. If you violate any of the terms or conditions of this Agreement,
this Agreement terminates immediately without notice. Bookstore may
deny access to the Site to you and anyone claiming by or through you
without liability to anyone. Bookstore shall have all additional rights
and remedies at law and in equity arising from such violation. Further,
you agree to indemnify, defend and hold Bookstore, and its affiliates,
suppliers, employees and agents harmless from all claims, actions,
losses, liabilities, damages, costs and expenses (including attorneys
fees) arising out of or relating to any such prohibited use of the
Site. If you violate or infringe upon the rights of any third party,
they have all remedies at law and in equity to enforce their rights
against you to the extent applicable arising from your actions.
6. Any delay or failure to act with respect to a breach of this
Agreement by you or others does not constitute a waiver and shall not
limit such rights with respect to such breach or any subsequent
breaches. This Agreement shall be governed by and construed in
accordance with the laws of the State in which Bookstore resides. If
any provision of this Agreement is held to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the remainder of
this Agreement, which shall be given full effect without regard to the
invalid portions.
7. Lieberman’s Dynamic Bookstore makes every effort to provide you
accurate information via this Web application. Lieberman’s Dynamic
Bookstore, its employees, affiliates, and suppliers make no warranty or
representation as to the accuracy of information and assume no
liability for any errors or omissions in any portion of the content
presented. Lieberman’s Dynamic Bookstore reserves the right to change
or discontinue any or all parts of this site, including inventory
availability and price. All information provided through this site is
subject to change without prior notice at any time. The price
information provided and all orders submitted are considered to be an
offer to purchase and are not accepted until the credit card
transaction is processed and the order shipped. If we discover that an
item ordered is incorrectly priced, we will attempt to notify you
immediately and obtain permission to correct the error before
processing the transaction. If a requested item is out of stock, we'll
notify you immediately to determine if the item should be backordered,
cancelled, or a substitution made.
8. This Agreement represents the entire agreement between you and
Lieberman’s Dynamic Bookstore regarding the use of the Site.
Copyright (c) 2009 Lieberman’s Dynamic Bookstore. All rights reserved.