First, review this participation agreement. Then, create a Bookstores.com user
account by completing the following steps
By accepting delivery of any product delivered from Bookstores.com ("Bookstores.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Bookstores.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Bookstores.com. Any attempt to alter, supplement, modify, or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Bookstores.com. You are limited to one account per household/business. We do reserve the right to refuse service to anyone.
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To return a product based upon Bookstores.com replacement/return guarantee, you must obtain a Return Merchandise Authorization (RMA) number within the guarantee return period for the product.
All RMA requests must be filed online. Bookstores.com will not accept returns without prior authorization and a RMA number. RMA numbers are valid for 15 days from the date of issue. Products returned to Bookstores.com must be received within the 15-day limit. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
Customer is solely responsible for shipping any returned product to Bookstores.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material and accessories provided by the manufacturer. If any component of the returned product is missing, Bookstores.com's Return Procedure will be breached and Bookstores.com will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
Bookstores.com will not refund to Customer the original shipping charges. In addition, Bookstores.com will reserves the right to assess a 15% restocking fee against the Customer's account on all returns for refund.
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Bookstores.com is a distributor only. Products sold by Bookstores.com are not manufactured by Bookstores.com. BOOKSTORES.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Bookstores.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
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IN ALL CIRCUMSTANCES BOOKSTORES.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BOOKSTORES.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BOOKSTORES.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BOOKSTORES.COM IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
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An order is not binding upon Bookstores.com until it is accepted; Bookstores.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Bookstores.com. Customer agrees to pay the amount(s) due as specified on the invoice, and customer agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
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Your total cost for purchase of any product will include shipping and handling charges shown on the Bookstores.com invoice.
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Bookstores.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Bookstores.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Bookstores.com to sign appropriate documents on Customer's behalf to permit Bookstores.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Bookstores.com will advise Customer of estimated shipping dates, but Bookstores.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
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Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Bookstores.com and Customer shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Ohio, without regard to principles of conflict of laws. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Bookstores.com. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Bookstores.com that is more than one year after the date of the applicable invoice.
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If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ohio law.
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The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
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These terms and conditions, together with the Bookstores.com's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Bookstores.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Bookstores.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Any dispute or claim relating in any way to any products or services rented, sold or distributed by or through Bookstores.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Participation Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1 800 778 7879. A form for initiating arbitration proceedings is available on the AAA's site at https://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to Bookstores.com at the following address to initiate arbitration proceedings: BDB Industries, Inc. c/o Neil B. Mooney, Esq., 1911 Capital Circle NE, Tallahassee, Florida 32308.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement. If the value of the relief sought is $2,500 or less, at your request, Bookstores.com will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Bookstores.com should be submitted by mail to the AAA along with your Demand for Arbitration and Bookstores.com will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $2,500 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bookstores.com will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Bookstores.com for all fees associated with the arbitration paid by Bookstores.com on your behalf, which you otherwise would be obligated to pay under the AAA's rules. Likewise, Bookstores.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.