Terms and Conditions v3.0
1. Drop off: Customer agrees to designate BookHolders as his/her transfer agent to resell his/her book(s) for a service fee. Customer shall retain ownership of book until book has been sold.
2. Inspection: Customers shall accept rated evaluation of book's condition based on BookHolder's evaluation system. Bookholders shall not be held liability or responsible for any damage, writing, drawings contained in dropped off books.
3. Tax: Books posted by Bookholders, as transfer agent will be subject to state tax.
4. Service Fee: Customer agrees to pay 15% and $0.50 of the book selling price posted in seller services for service fee to BookHolders as acting agent. BookHolder's reserves the right to change percentage fee.
5. Termination: BookHolders shall have final authority on books posted for sale and shall remove any book for any reason without permission from the customer. Book(s) shall remain posted to be sold unless BookHolders determines necessary removal. Customer will be notified of book removal from system via email and will have a reasonable time to pick up book(s). Customer agrees to allow BookHolders to take ownership of book and dispose of book in any manner after failure to pick up book within the allotted time frame.
6. Return of Book: The Customer may request the return of their book after the minimum time frame provided the account is in good standing, book is available for return, and/or the book hasn't been terminated. The Customer must have proper identification to reclaim a book. BookHolders at its sole discretion may deny the returning of a book.
7. Minimum Time Frame: Customer agrees to allow book posting for a minimum of fifteen (15) days after which customer may remove book for sale. Book posting is defined as the time at which the book is entered into BookHolders system and available for sale. Books may be delayed in getting entered into the system during peak drop off times. Customer cannot repossess a sold book.
8. Payment: Customer shall only receive payment for posted books after sale and service fee deduction. Customer shall receive payment via check by mail or pickup. To the extent permitted by law, we may set off against the payment in your account for any obligation you owe us under this Agreement, any other agreement, or purchase of merchandise. If there is no activity in your account for at least a year your pending payments maybe subject to inactivity fees.
9. Rights: Customers are responsible for checking their account information and books posted for sale. BookHolders shall not be held liable for any disagreement on book price or condition status. BookHolders reserves the right to change the sale price on books in an effort to sell the books for the customer.
10. Customer Responsibility: Customer shall be responsible to supply BookHolders accurate and current mail and e-mail addresses for proper notification of book sale, check distribution, book pickup and any additional information pertaining to customer account. BookHolders shall not be held liable for any type of damage resulting from incorrect or outdated customer account information, which prevents proper notification of book sale, check distribution, book pickup or any additional information pertaining to customer account.
11. Promise: BookHolders will make every effort to sell your used books but doesn't guarantee sale.
12. Privacy: BookHolders will not release any of the customer's personal information to third parties or buyers except where required by law.
13. Insurance: Customer acknowledges that any book(s) in BookHolders' possession cannot be insured by customer.
14. Limitation of Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICE (INCLUDING THE INABILITY TO USE THE SERVICE), ANY APPLICATION USING OUR SERVICE, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control.
15. Indemnity: You will indemnify and hold harmless us and our Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies or Association Rules; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any Product Information that you provide or any claim or dispute arising out of products or services offered or sold by you); and (d) if you are a Provider, your Application and any transactions that you submit to our Service either for yourself or on behalf of another users.
16. Severability: If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
17. Governing Law; Venue.: The service are arranged, sponsored, and managed by us and our Affiliates in the State of Maryland, USA. The laws of the State of Maryland govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to products or services sold or distributed by BookHolders or its affiliates shall be adjudicated in any state or federal court in Maryland, and you consent to exclusive jurisdiction and venue in such courts.
18. Revisions: These terms and conditions may be updated from time to time and all revisions or modifications will be posted on the bookholders.com website.