Terms & Conditions
INTRODUCTION TO THE PARTICIPATION AGREEMENT
The Terms and Conditions of this participation agreement control the use of Prepbooks website. If you use the Site, you agree to adhere to these terms and conditions. If this is not acceptable to you, then you may cease use of the Site.
RIGHT TO CHANGE TERMS OF PARTICIPATION AGREEMENT
Prepbooks LLC (“Prepbooks”) has the right to change at any time any of the terms and conditions on the Site without any liability, without any reason or notice to any User of the Site or to you. When you visit or use the Site, you agree to these terms and conditions that control its use.
WHO IS ELIGIBLE TO USE WEBSITE
Individuals and/or businesses (or “Users”) are eligible to use the Site if they meet the terms and conditions of this Participation agreement, and if their registrations are acceptable to Prepbooks. Moreover, use of the Site is limited to Users who can enter into a legally binding contract under applicable law that can be enforced. Any User who is under the age of 18 is not allowed to use the Site. Users must provide their real name, birthday and email address in order to register for a User Account. Users must provide their shipping and billing addresses, phone number, credit card information in order to checkout in a transaction. Users may not copy, reproduce, duplicate or sell any part of the Site or the Content on the Site or any access to the Site. Prepbooks may refuse service to anyone and for any reason.
YOUR USER NAME AND PASSWORD
You agree to protect your username and password information when you use Prepbooks. You also agree to accept responsibility for all activities that occur under your username and password. We advise you to log out after each use to prevent others from acquiring your login information. You should secure your password as you are solely responsible and liable for any activities that occur under your password on this Site. Prepbooks is not responsible to verify the identity of a user that is logging in to the Site with a password.
CONTENT
The Content you submit, post, or display will be able to be viewed by users of the Site and third parties. The Content includes but is not limited to, ratings, comments and questions that you may post on or via the Site. You should only provide Content that you are comfortable sharing with others under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not monitor or control the Content posted via the Site and, we cannot take responsibility for such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressedy via the Site. You may find Content on the Site that may be harmful, offensive, mislabeled, inaccurate or otherwise inappropriate, or in some cases, ratings that have been mislabeled or otherwise deceptive, so your use of the Site is at your own risk. On the other hand, you are responsible for Content that you post, email or transmit and any consequences that arise as a result of your Content. Prepbooks will not be liable under any circumstances and for any way, shape or form for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage as a result of use of the Content whether posted, emailed, transmitted or made available via the Site. Prepbooks has the right to set limits on storage and your use of the Site at our own discretion and without notice to you. Prepbooks has the right to delete Content for any reason, especially when such Content rates the product and not the service. When you submit, post, display Content or make available on or through the Site, you are granting us a perpetual, worldwide, royalty-free, non-exclusive, unrestricted, right to display, right to publish, along with the right to sublicense to other users or third parties, and irrevocable right to exercise all copyright, trademark rights to use, copy, reproduce, process, adapt, modify, transmit and distribute the Content without any compensation paid to you. You represent and warrant that you have all the power, authority and rights to grant us the license and/or rights to any Content that you submit.
POLICIES AND GUIDELINES
Prepbooks provides a Site for our users to buy items as well as post Content on the Site. You agree to follow our policies and guidelines when conducting transactions or when posting Content on the Site:
I) You agree not to register for more than one account.
II) You may not list any Content that constitutes infringement on any third party product.
III) You may not post Content that is offensive, fraudulent or defamatory to others.
IV) You may not post any advertisement, commercial or promotional material.
V) You agree to honor your end of the contract whether you are making a purchase or posting Content.
We may impose transaction limits relating to the value of any transaction at any given moment. We may also limit the number of transactions per day or for any period of time. We will not be liable to a user for any damages or losses or to anything that holds value that user incurs as a result of our action.
RETURNS AND REFUNDS
All items are refundable if the return is postmarked within 30 days from the date of purchase. The buyer will be responsible for the return shipping expenses for items that are returned from either inside or outside the United States regardless of the reason for the return. Prepbooks will provide a refund to the buyer promptly less restocking fees upon receipt. Any return shipping expense will be at buyer's expense. However, a full refund is issued if:
(a) if we are unable to fulfill the order within 2 business days for any reason,
(b) if the buyer requests to cancel the order before the order is shipped,
(c) if the item received by the buyer is damaged, defective or different than the item in the listing and to no fault of the buyer, the item shall be returned
with a Prepbooks prepaid label for a full refund.
Items that are returned in the brand new original condition due to buyer error or other reasons may be charged a restocking fee of up to 20% of the shipping and item price, and the buyer will be responsible for the return shipping expense.
PAYMENT FOR ITEMS
You must register for an account with Prepbooks in order to make a purchase. Payment method is via a major credit card either through Visa or MasterCard. You may not use any other payment methods to pay for any item on the Site.
TAXES
Buyers understand their responsibility to determine whether taxes need to be applied to their transactions as well as to determine the reporting, collection and remittance of the tax to the appropriate authorities. Prepbooks only collects TX taxes, reports and remits these taxes accordingly.
ILLEGAL ACTIVITY
Prepbooks has the right but not the obligation to monitor any activity or content such as purchase of items or posting Content on the Site. Prepbooks can investigate for violations of any inappropriate use of the Site, including those of copyright infringement of other people's intellectual property rights. We reserve the right to reclaim usernames, to remove any Content at any time, remove a product page at any time, terminate any user access to the Site at any time, or take any other action without prior notice and at our sole discretion. We may also terminate, change or suspend any part of the Site or the entire Site without any liability, without any reason or notice to any User of the Site or to you. Users may not register under a false name or use an invalid or unauthorized credit card. Users agree to conduct transactions legally on the Site. Any activities on the Site that are considered fraudulent will be reported to authorities to prosecute the violators.
NO WARRANTY OR GUARANTEES TO USE THE SITE
The site is provided on an “As Is Basis” and “As Available Basis”. Prepbooks does not make any representations, conditions or warranties of any kind, express or implied which also includes without limitation. Prepbooks will not be liable to you or to any other person, business or third party:
• for any loss of use, economic loss of any kind, or any implied warranty arising from usage of trade including seller product availability or seller product representation.
• any content obtained from the Site.
• unauthorized access, use or alteration of your transmissions or content,
• any warranties express or implied, or representations of merchantability, fitness for a particular purpose performance, security and non-infringement.
• for non-accessibility of the site, including site outage, availability, security or if the site falls short of your requirements or expectations.
• for the deletion of, or the failure to store or to transmit, any Content and other communications maintained on the Site. Any obligation, right, claim, remedy in tort and liability, whether or not they arise from the negligence of Prepbooks, are all disclaimed by Prepbooks to the full extent permitted by applicable law.
RELEASE FROM CLAIMS
You agree to release Prepbooks from any claims, transaction disputes, issues with Content, loss of production, loss of profits, damages, punitive damages or any kind of damage, that result from any disputes.
LIMITATION OF OUR LIABILITY
Prepbooks’ limitation of liability extends to penalties, judgments, monetary judgment awards including interest, attorney fees and any expenses that arise from any claim resulting from disputes, user breach of agreement, return policy of products, infringement of copyrighted materials, infringement on any intellectual property or rights and failure to collect or to pay for taxes that result from an user transaction. You agree to indemnity, defend and hold Prepbooks harmless anytime, anywhere and for any circumstance. Prepbooks does not control and is not liable for the legality of the reviews that users post on the Site. Prepbooks does not guarantee the accuracy, authenticity of the items as well as the metadata content as provided by the publisher in the product page. Prepbooks employees, contractors and/or affiliates may register for an account on Prepbooks and utilize the services of the Site at their own capacity. The participation is private and does not represent Prepbooks in any way and it is subject to the same terms and conditions as any other user.
WHERE THE LAW APPLIES
The terms and conditions of this participation agreement are governed solely by the laws of Delaware, USA. Any dispute with Prepbooks relating to these Terms and Conditions must be pronounced in a state court in the state of Delaware, and you agree to exclusive jurisdiction and venue in such courts. If any provision or section in the terms and conditions of the Participation Agreement is found to be unenforceable or invalid, then that provision or section must be separated from the rest of these Terms and Conditions, and the remaining terms and conditions of this Participation agreement shall remain in full force and effect. Any rights not expressly granted in these Terms and Conditions are reserved to Prepbooks. These Terms and Conditions are subject to change without notice.
OWNERSHIP OF THE SITE
The Site, Content of Site, including any text, image or any other elements available are the property of Prepbooks. Your use of the Site does not transfer to you any ownership of the Site or any other rights to its Content.
TRADENAME AND LOGO USE
The Prepbooks Logo is a registered Trademark. Any use of the trade names, trademarks, service marks and logos (or “Marks") that are displayed on the Site is strictly prohibited. Any content that appears on the Site shall not be interpreted as granting any license or right to use any Marks displayed on the Site.
RIGHT TO MODIFY OR TERMINATE THE PARTICIPATION AGREEMENT
You may not modify or add to the terms and conditions of this Participation agreement or to any other policy that is listed on the Site. Prepbooks reserves the right to terminate this Participation Agreement at any time without any liability, without any reason or notice to any User of the Site or to you. If any modification is not acceptable to you, then you may cease use of the Site.