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Muhlenberg College / The ‘Berg Bookshop Website
Terms of Use

 

 

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.

 

General

The Bookstore owns and operates this Site that is hosted by Missouri Textbook Exchange (“MBS”). Access to and use of this Site and the products and services available through this Site (collectively, the "Services") are subject to the following terms, conditions and notices ("Terms of Use"). By using the Services, you are agreeing to all of the Terms of Use.


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.


This Site contains links to other websites (the "Linked Sites"), which are not operated by the Bookstore. The Bookstore has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. Please review the Terms of Use for Linked Sites.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy Link on this Site.

 

Prohibitions

You must not misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan horse, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect or portion of the Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this provision would constitute a criminal offense and the Bookstore will report any such breach to the relevant law enforcement authorities and disclose your identity to them.


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, the user, represents and warrants that any materials, plans, specifications, documents, software, content (including photographic images) or intellectual property of any kind accessed through this Site will not infringe upon any intellectual property of Muhlenberg College, the Bookstore, MBS or its licensors including, but not limited to: patents, copyrights, trade secrets, trade names, and service marks and names. All such rights are reserved by the Bookstore, MBS and its licensors. You may store, print and display the content supplied solely for personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.


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

In order to contract with the Bookstore, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Bookstore retains the right to refuse any request made by you.


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.

 

Contract Formation

When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send the goods to you. Only those goods listed in the confirmation email sent at the time of order placement will be included in the contract formed.

 

Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost '. All prices advertised are subject to change.

 

Payment

Upon receiving your payment, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be charged or debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

Liability

The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law the Bookstore command its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Bookstore’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of the Terms of Use will not be affected and all other clauses will remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Waiver

If you breach any of these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Bookstore. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an authorized Bookstore authority.

 

Changes to Terms of Use

We may change this Agreement at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date.

 

Protections

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. The 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.

 

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.

 

Entire Agreement

This Agreement represents the entire agreement between you and Bookstore regarding the use of this Site.

 

 

 

Copyright © 2020 The ‘Berg Bookshop. All rights reserved.

 

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