Terms and Conditions of Use for

JOURNALSandBOOKS.COM, INC.

and Their Websites

TERMS

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT

You need to review and agree to abide by The Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose.

THIRD PARTY SITES

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that JOURNALSandBOOKS.COM, INC. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, patents, marks of service, trademarks, trade secrets, or other proprietary rights and laws. Except as expressly authorized by JOURNALSandBOOKS.COM, INC., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from JOURNALSandBOOKS.COM, INC. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of JOURNALSandBOOKS.COM, INC. Permission is granted only when certain limited criteria are met. For information on requesting such permission contact us by email via our support system or in writing to:

JOURNALSandBOOKS.COM, INC.
Attn: Legal Department
Suite 320
130 Palmetto Street
Brooklyn, NY 11221-4915

For security purposes, the link above requires that you sign-in using the email address and password you have registered at our store. If you have forgotten your password it can be reset by following this Password Forgotten? link.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you: grant JOURNALSandBOOKS.COM, INC. and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by JOURNALSandBOOKS.COM, INC. will not infringe or violate the rights of any third party.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JOURNALSandBOOKS.COM, INC., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL JOURNALSandBOOKS.COM, INC., ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOURNALSandBOOKS.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JOURNALSandBOOKS.COM, INC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND AT NO TIME WILL OUR LIABILITY EXCEED THE COST OF THE ITEM PURCHASED.

INDEMNIFICATION

Upon a request by JOURNALSandBOOKS.COM, INC., you agree to defend, indemnify, and hold harmless JOURNALSandBOOKS.COM, INC. and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. JOURNALSandBOOKS.COM, INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with JOURNALSandBOOKS.COM, INC. in asserting any available defenses.

INTERNATIONAL USE

JOURNALSandBOOKS.COM, INC. makes no representation that materials or products for sale or for free on this site are appropriate or available for use in locations outside the United States, and accessing or purchasing them from territories where their contents are illegal is prohibited. Those who choose to access or make purchases from this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site or products given away or sold here shall be filed only in the state or federal courts located in the state of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this webpage is a subset of your Entire Agreement. Your Entire Agreement includes:

  1. This Terms and Conditions (see: https://journalsandbooks.com/content/3-terms-and-conditions-of-use).
  2. Our Privacy Policy (see: https://journalsandbooks.com/content/2-legal-notice).

The above five items, set forth the Entire Agreement and understanding of the parties, relating to the subject matter hereof, and merges all prior discussions and writings, between them, with respect to the contents of this agreement. If any provision (or part thereof) of this Entire Agreement, is determined by a court of competent jurisdiction, as part of a final non-appealable ruling, government action, or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Entire Agreement shall remain in full force and effect and bind the parties according to its terms.

THE ON THE WEB REGISTRATION AGREEMENT

If you use JOURNALSandBOOKS.COM, INC. on the Web, your use of The Web software (the "Software") constitutes your acceptance and agreement of the following: You understand and reaffirm your agreement to JOURNALSandBOOKS.COM, INC. then-current Terms of Service. You further agree and acknowledge that by using the Software to access JOURNALSandBOOKS.COM, INC.'s Services and Products, you will be subject to any applicable charges for the use of the site as set forth in the terms and conditions of the pricing plan you have chosen AND you will be subject to any applicable charges for purchases you make via the shopping cart or via telephone or fax ordering routines. You understand that JOURNALSandBOOKS.COM, INC. provides no assistance, including any technical or customer support, in the use of the Software, and that your use of the Software is at your own risk. The Software is provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. JOURNALSandBOOKS.COM, INC. is in no way liable for any claims arising from your use of the Software. As a condition of your use, you agree to indemnify JOURNALSandBOOKS.COM, INC. for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software. JOURNALSandBOOKS.COM, INC. reserves the right, in its sole discretion and at any time, to modify or discontinue the Software; limit, terminate or suspend your use of the Software; assess charges for the use of the Software in the future; and/or make changes to this Registration Agreement.

THE WEB BILLING NOTICE

JOURNALSandBOOKS.COM, INC. members who purchase products or services online, via phone or fax will be subject to a charges in accordance with JOURNALSandBOOKS.COM, INC. standard billing practices.

TERMINATION

JOURNALSandBOOKS.COM, INC. reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Rules of Conduct

Users of this site agree to not use this site for any unlawful purpose. You acknowledge and agree that all content and materials available on this site are protected by copyrights, patents, marks of service, trademarks, trade secrets, or other proprietary rights and laws. Except as expressly authorized by JOURNALSandBOOKS.COM, INC., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content without express written permission of JOURNALSandBOOKS.COM, INC.