BookDrop, Inc. (“Company” or “us” or “our”) operates this website, gobookdrop.com, and any certain individual sites we have now or in the future. The website, the information contained on the website, and all links contained therein will be collectively referred to as the “Site” in these Terms of Use. By using our Site and our services provided through the Site, you (“you” or, “User”) agree to these Terms of Use, our Privacy Policy, as any of the same may exist from time to time (collectively, the “Terms of Use” or “Agreement”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE MAY MODIFY THESE TERMS OF USE AT ANY TIME, WITHOUT ANY PRIOR NOTICE.

1. Use of Site. The Site is provided by the Company, which is a website that helps individuals resell their books online. By using the Site, you agree to at all times comply with, be bound by, and adhere to these Terms of Use. You may only make use of the Site for your own use and enjoyment, for legitimate purposes only. Any information you submit to the Site must be accurate, true, complete and correct. You acknowledge that the Site is free to use at this current time, but the Site and the Company reserve the right to later charge fees for use of the Site or otherwise run paid advertising on the Site. You understand that the Site or the Company may not represent any business or entity that runs paid advertisements through the Site.

You acknowledge that there may be interruptions in service or events that are beyond our control. You further acknowledge that the Site does not independently confirm the accuracy of any information posted on the Site. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. The Company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. You agree to use the Site only for lawful purposes and only for your personal use.

Everything located on or in this Site is the exclusive property of the Company or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCRAPING, OR OTHERWISE MODIFYING OF THIS SITE (INCLUDING ANY INFORMATION CONTAINED THEREIN) WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS EXPRESSLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You agree not to otherwise engage in any of the following activities using the Site:

  1. That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  2. That is pornographic, depicts a human being engaged in actual sexual conduct or any material which is sexual in nature;
  3. That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. That impersonates any person or entity, including, but not limited to or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  5. That includes personal or identifying information about another person without that person’s explicit consent and/or express permission;
  6. That is false, deceptive, misleading, deceitful, argumentative, or misinformative in any way;
  7. That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  8. That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unsolicited commercial advertisements;
  9. That constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to the Site users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
  10. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  11. That disrupts the normal flow of dialogue with an excessive amount of Content (also known as a “flooding attack”) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
  12. That employs false or misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site; or
  13. To market, promote, or otherwise attempt to sell any products (tangible or intangible) through the Site that are unrelated to the core purpose of the Site, which is connecting job seekers to potential employers.
  14. Scrape any information contained on the Site through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  15. Copy, modify or create derivative works of the Site or any contains contained therein;
  16. Collect, use, copy, or transfer any information obtained from the Site without the consent of the Company;
  17. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Site or any related data or information contained therein; or
  18. Use bots or other automated methods to access the Site, or to add or download information from the Site.

2. Copyright and Trademark. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company or the copyright owner is permitted. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

The Site and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to the Company’s website design and other related trade dress.

The content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.

You further agree not to reproduce, duplicate or copy any content from the Site without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.

3. Account Creation. If you create an account on our Site, you may only create and hold one account per household – that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

4. Site Content; Content Moderation. The contents of the Site, such as text, graphics, images, and other material contained on the Site (the “Content”) are for informational purposes only. All users should conduct their independent due diligence regarding the actual pricing and availability of any pricing for any books contained on the Site. The Site and the Content are provided on an “as is” basis. In addition, we reserve the right to ban or revoke the license of anyone engaging in activities which the Company determines, in its sole discretion, to be unacceptable. Such activities include, but are not limited to hacking, advertising, jamming, spamming, or employing robots, spiders, scripts, scrapers, crawlers through the Site.

5. Pricing, Item Condition, Transfer of Ownership, Counterfeit or Illegally Obtained Books.

The Company expressly reserves the right to modify any pricing for books it seeks to purchase at any time, without prior notice to you.

The Company further expressly reserves the right to accept or reject, in its sole discretion, any books you seek to have the Company purchase from you. All books that you intend to sell to the Company through the Site must be in very good condition, which means that books must meet the following criteria: (i) No tears and minimal wear to the cover, or pages; (ii) corners of covers should not be bent, dented or frayed; (iii) minimal wear to the binding; (iv) pages should be firmly attached to the binding; (v) bindings cannot be broken; (vi) fewer than 30% of the book’s pages can have writing or marks (although a small amount of writing, underlining or highlighting of pages is acceptable);(vii) for workbooks and study guides, each must be clean and unwritten in (i.e. no answers filled in already); (viii) no missing pages; (ix) no liquid damage – warped, wavy pages are a sign of liquid damage; (x) no fire or smoke damage; (xi) no strong odor of any kind (including musty or cigarette odor, for example); (xii) if book originally came with a CD-Rom, the original CD-Rom must accompany the book when shipped to us and be in working condition; (xiii) no advance reading copies, uncorrected proofs, and/or promotional or screener copies of books; (xiv) no items with the access code exposed – including for standalone items (i.e. an item that is an access code for online class like Mathlab) – as well as items which include a supplementary access code (e.g., a textbook packaged with an associated access code for an accompanying online class); and (xv) no partial sets of a series of books (i.e. only sending volume 1 of a 2 volume set).

You are responsible for indicating the correct ISBN number for each book you intend to sell. Company reserves the right, in its sole discretion, to accept or reject any book that you seek to sell through the Site based on its condition. You agree and acknowledge that the Company is not liable for rejecting any book that you seek to sell thorough the Site for any reason whatsoever.

Upon receipt of a shipped package into the Company warehouse, ownership of the contents of the shipment transfer completely and wholly to the Company . The Company reserves the right to determine the value and condition of any included items according to its own standard and policies. The Company also reserves the right to sell, recycle or donate any item obtained through a shipment to its warehouse.

The Company reserves the right to inquire how items were acquired and request proof of ownership. While under investigation, payment may be delayed or withheld.

Any items that are illegally obtained or deemed to be inauthentic will be returned to their rightful owner or turned over to the proper authorities (ie law enforcement, publishers, or retailers)

6. Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, OWNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, DATA, OR SERVICES PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING SITE.

7. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE SITE CONTENT, YOUR SALE OF ANY BOOKS TO THE COMPANY, AND OTHER INFORMATION CONTAINED ON THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH (I) YOUR USE OF THE SITE; (II) FOR YOUR SALE OF ANY BOOKS TO THE COMPANY; (III) ANY INTERACTION YOU HAVE WITH THE SITE OR THE COMPANY; OR (IV) ANY INFORMATION CONTAINED ON THE SITE SHALL NOT EXCEED $100.

8. Dispute Resolution. EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using this Site, you agree that any claim, dispute, or controversy you may have against the Company or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with this Agreement this Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Chicago, Illinois. or at such other location as may be mutually agreed upon by you and the Company; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

You agree that any claim against the Company arising out of this Agreement, your use of the Site, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.

If the Company employs attorneys to enforce any rights arising out of or relating to these Terms of Use or to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. In the event that you bring any claims against the Company that are ultimately unsuccessful, you agree to reimburse the Company for any attorneys’ fees incurred in connection with the defense of the unsuccessful claims brought by you.

You hereby waive all right to initiate any class action lawsuit or arbitration against the Company, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against the Company. In the event that the Company brings any action against you to enforce any provision or right under these Terms of Use, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.

9. Third Party Websites. The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

10. Indemnification. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective directors, officers, owners, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms of Use.

11. Termination. The Company may terminate your use of the Site or these Terms of Use at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate or suspend any of your passwords or accounts in the event the Company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

12. Miscellaneous Terms. We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we may (but are not required to) notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective immediately upon our posting of notice of the changes on our Site. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

No waiver by either you or the Company of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

The provisions of these Terms of Use apply equally to and are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.