Muhlenberg College / The ‘Berg Bookshop Website
Use of the www.bergbookshop.com website, (the "Site") and the content contained herein is governed by the terms of this Agreement (the "Agreement") between you and The ‘Berg Bookshop ("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.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. The Bookstore nor MBS is not liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.
The Bookstore nor MBS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
You shall indemnify and defend, to the extent permitted by the Commonwealth of Pennsylvania, Muhlenberg College, the Bookstore and MBS at your expense from any action or claim brought against Muhlenberg College, the Bookstore and MBS to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. You shall be responsible for payment of any and all such claims, demands,
obligations, liabilities, costs, and damages including but not limited to, reasonable attorney fees arising out of this agreement, amendments, and supplements thereto which are attributable to such claims or actions.
Terms of Sale
By placing an order on this Site, you are offering to purchase a product(s) or services subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. Shipping times may vary according to availability and subject to any delays resulting from postal delays or force of nature for which we will not be responsible.
In some cases, sales may be through a third-party, Linked Site. Where a contract is made with a third-party, Linked Site, the Bookstore is not acting as either agent or principal and the contract is made between yourself and that third-party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, and that you are an authorized user of the credit or debit card to cover the cost of the goods.
Pricing and Availability
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," "mail-bombing" 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.
This Site may contain robot exclusion headers. Much of the information on this 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™.
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 (MBS), 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.
The 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.
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.
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 Commonwealth of Pennsylvania, in which the 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.
Copyright © 2020 The ‘Berg Bookshop. All rights reserved.