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Help Center
Quick LinksThe best place to start.
- Sign into your account and click the "Books I've Purchased" tab. You can either enter your order number in the tracking box at the top of the page, or click "View Order Details" next to the order you want to track. NOTE: Orders shipped with "FREE Shipping" do not include tracking numbers.
- To check the status of your Marketplace order, you must contact the seller sending your book. You can find your seller's contact information in your order confirmation email.
- Mail your return to Textbooks.com Returns at 2711 W. Ash St., Columbia, MO 65203.
- Returns accepted within 30 days from the date of purchase.
- Please allow up to 2 weeks to receive your refund.
- Address label on packing invoice does not cover the cost of return shipping. We advise purchasing tracking and insurance on return shipments.
- Shipping charges are nonrefundable.
- Return value for a book that arrives outside of the 30 day return window will be equal to the current buyback value (if one exists). Read about Late Returns.
- Book must be in the same condition in which we shipped it to you.
- Access codes/cards must be unused and unopened to be eligible for return.
- For new books packaged with supplementary items, access cards and CDs must be unopened.
- All components originally sent with the book must be included.
- Refunds issued only to the original form of payment.
- COD shipments or refused packages will not be accepted for return. Refused shipments are not insured - we are not responsible for loss or damage of refused shipments.
For more information, see our Return Policy.
- You must return your book directly to the seller from whom you purchased it. The seller's address and contact information can be found on the packing slip. We are not responsible for books returned to the wrong Marketplace seller.
- Returns accepted within 30 days from the date of purchase.
- Marketplace sellers do not cover the cost of return shipping. We advise purchasing tracking and insurance on return shipments
- Shipping charges are non-refundable.
- The seller will credit you once your return arrives and is inspected (8-14 business days after arrival).
- Refunds issued only to the original form of payment.
- Book must be in the same condition in which it was shipped to you by the seller.
- Access codes/cards must be unused and unopened to be eligible for return.
- For new books packaged with supplementary items, access cards and CDs must be unopened.
- All components originally sent with the book must be included.
- COD shipments or refused packages will not be accepted for return. Refused shipments are not insured - your seller is not responsible for loss or damage of refused shipments.
For more information, see our Marketplace Return Policy.
- Access codes/cards must be unused and unopened to be eligible for a return. Please do not remove any packaging or expose the code if you plan to return one. This pertains to standalone access codes/cards and those that may be packaged with new textbooks.
- Contact us at [email protected] before you activate. eTextbooks are non-returnable upon activation.
- For inactivated textbooks, returns accepted within 30 days from the date of purchase.
Answers by Category
FAQsA list of questions, built by customers like you.
Buying a used book directly from Textbooks.com + $3.99 UPS Ground shipping!
You'll save up to 90% on used textbooks that we've hand-inspected to ensure good condition - plus, we'll ship out your book same business day if you order before 11am CST (next business day if you order after 12pm). UPS Ground shipping is only $3.99, track-able, and gets you your books in 2-7 business days.
Order tracking not available. 5-10 business days*
$3.99 flat rate. 2-7 business days*
$11.99 flat rate. 2 business days*
$19.98 flat rate. 1 business day*
Required for PO Boxes and APO/FPO/DPO
Order tracking not available for APO/FPO/DPO. Cost varies, based on weight & location. 2-7 business days* (in US); 3-4 weeks for APO/FPO/DPO
Free shipping does not apply to orders shipped to Alaska, Hawaii or Puerto Rico. Residents are required to pay
additional shipping fees. Free shipping and UPS promo rates do not apply to APO/FPO/DPO and PO Boxes.
- View AK/HI/PR pricing
$4.99 per item
Order tracking not available.
2 days processing + 6-18 business days
$6.99 per item
Order tracking not available.
2 days processing + 5-8 business days
- View AK/HI/PR pricing
- View APO/FPO and PO Box pricing
- View Shipping Guidelines
Direct from Textbooks.com
- Mail your returns to:
Textbooks.com Returns
2711 W. Ash St.
Columbia, MO 65203
- Returns accepted within 30 days from the date of purchase.
- Please allow up to 2 weeks to receive your refund.
- Shipping charges are non-refundable.
- Book must be in the same condition in which we shipped it to you.
- Access codes are non-refundable when opened.
For full guidelines, see our Return Policy.
- You must return your book directly to the authorized seller from whom you purchased it. The seller's address and contact information can be found on the packing slip. We are not responsible for books returned to the wrong seller.
- Returns accepted within 30 days from the date of purchase.
- Shipping charges are non-refundable.
- Book must be in the same condition in which your seller shipped it to you.
For full guidelines, see our Marketplace Return Policy.
- Contact us at [email protected] before you activate. eTextbooks are non-returnable upon activation.
- For inactivated textbooks, returns are accepted with 30 days from the date of purchase.
Click here to sell your good condition used textbooks for the most cash. Just enter the ISBN of the book you want to sell to get an instant buyback quote, 24/7. Once you finalize your quote, we'll provide you with a FREE shipping label. Pack it up, ship it in, and wait for your cash back!
Buying Textbooks
- Searching by ISBN is the fastest, most accurate way to find your textbook. The ISBN may be 10 or 13 digits. You can obtain the ISBN from your instructor or syllabus.
- Access codes should ONLY be ordered by ISBN since titles may be similar.
- When searching by keyword:
- Use single words; complex phrases can limit your results.
- Remove punctuation like quotation marks or apostrophes.
- Search by author's last name only; if there is more than one author, try using only the first author's last name.
- Stains
- Water damage
- Missing, loose or torn pages/cover
- Excessive writing
- Broken spine
- Torn or damaged binding
Used textbooks range in quality from a book owned only once before to one that's comfortably worn. You can expect minor signs of wear and tear, such as:
- Writing
- Highlighting (from a little to a lot)
- Rounded or dog-eared corners
- Minor scrapes or scratches
- Faded cover art
- Creased pages
Please contact us within 30 days if your book is not up to these conditions.
- If additional components - such as workbooks, study guides, etc. - are included with your textbook, they'll be listed in the title.
- Used textbooks do come with CDs, if it is listed in the title. If you order a used textbook that comes with a CD, you'll receive the CD with your shipment.
- Only new textbooks come with access codes, if it is listed in the title. If you want to receive a one-time use access code with your textbook, you must order your textbook "new".
- Used textbooks do NOT come with access codes. You may be able to purchase the access code separately from Textbooks.com, or you can buy one directly from the publisher.
- Visa
- MasterCard
- American Express
- Discover
- PayPal™ (not accepted for Marketplace orders)
- Diners Club (not accepted for Marketplace orders)
For security purposes, we do not accept credit card information via email, web form, or social media.
In accordance with applicable law, items sold by Textbooks.com and shipped to certain states may be subject to tax. The tax rate applied to your order is based upon many factors including the type of item purchased, the address where your order is shipped, and the applicable state and local sales tax rates. Electronically delivered products are considered to be "shipped" to the address that your order was billed to.
On Marketplace orders
The Textbooks.com Marketplace is powered by Barnes & Noble, Inc. When appropriate, Barnes & Noble, Inc. collects sales tax on Marketplace orders (and refunds sales tax on returned Marketplace orders).
PLEASE NOTE: Free shipping does not apply to:
- Orders under $25
- Marketplace items
- APO/FPO/DPO boxes
- PO boxes
- Orders shipping to Alaska, Hawaii, or Puerto Rico
METHOD: FREE shipping
over $25
TRACKING: No
DELIVERY TIME: 5-10 business days
after shipping
METHOD: UPS Ground
TRACKING: Yes
DELIVERY TIME: 2-7 business days
after shipping
fast & trackable.
METHOD: UPS 2nd Day Air
TRACKING: Yes
DELIVERY TIME: 2 business days
after shipping
METHOD: UPS Next Day Air
TRACKING: Yes
DELIVERY TIME: 1 business day*
after shipping
- Orders placed before 12pm CST Monday through Friday (excluding holidays) ship same day. Orders placed after 12pm CST will ship on the next business day.
- Orders to APO/FPO/DPO and PO Boxes ship via USPS Priority Mail. Rates vary, based on weight and location. Free shipping and UPS promo rates do not apply. Order tracking not available for APO/FPO/DPO.
Textbooks.com shipping to AK/HI/PR
METHOD: UPS Ground
TRACKING: Yes
DELIVERY TIME: 2-7 business days
after shipping
fast & trackable.
METHOD: UPS 2nd Day Air
TRACKING: Yes
DELIVERY TIME: 2 business days
after shipping
METHOD: UPS Next Day Air
TRACKING: Yes
DELIVERY TIME: 1 business day*
after shipping
METHOD: Marketplace Standard
COST: $4.99 (per item)
PROCESSING TIME: 2 business days
DELIVERY TIME: 6-18 business days
after shipping
METHOD: Marketplace Express
COST: $6.99 (per item)
PROCESSING TIME: 2 business days
DELIVERY TIME: 5-8 business days
after shipping
- Marketplace orders do not qualify for free shipping.
- Orders will ship 2 business days after the vendor accepts your order.
- Orders ship directly from the vendor, not from Textbooks.com. Your vendor may or may not provide tracking info and/or delivery confirmation.
- Same rates and timeframes apply to residents of AK/HI/PR.
- Orders to APO/FPO/DPO and PO Boxes ship via USPS Priority Mail. Rates vary, based on weight and location.
- USPS Priority Mail usually arrives in 2-3 business days (within continental US); allow 3-4 weeks for APO/FPO/DPO Boxes.
- Free shipping and UPS promo rates do not apply to APO/FPO/DPO and PO Boxes.
- Order tracking not available for APO/FPO/DPO.
- All orders are subject to verification prior to shipping.
- Shipping times are only estimates and vary by location.
- Signature may be required upon delivery at the driver's discretion. You can request that your package be left by leaving a note for the driver.
- Neither Textbooks.com nor our shipping partners guarantee delivery of packages due inclement weather. We do not offer shipping refunds for resulting delays.
You're welcome to return your textbook for a full refund within 30 days from the date of purchase.
In order to receive your Textbooks.com refund
- Book must be in the same condition in which we shipped it to you. We're not responsible for any damage incurred during transit. When preparing your package for shipment, you may choose to purchase insurance for your package from any UPS store or your post office.
- For new books, access codes and CDs/DVDs must be unused/unopened.
- All components (workbooks, study guides, CDs/DVDs, etc.) must be returned.
Mail your Textbooks.com returns to:
2711 W. Ash St.
Columbia, MO 65203
Textbooks.com refund guidelines
- Shipping charges are nonrefundable.
- We will credit you once your book arrives and is inspected (typically takes 2-4 business days).
- Please allow up to 2 weeks to receive your refund.
- Refund will be issued to the original form of payment.
- Refused packages and COD payments will not be accepted.
- Textbooks sold in new condition that are returned in used condition will be valued at their current "used" price.
Late returns to Textbooks.com
- Items must be received in our warehouse within 30 days of the shipment date on your packing list. Items received after 30 days will be reimbursed at current buyback value.
To sell your late return back to Textbooks.com, click here.
Returning damaged items
- In the rare event that you should receive a damaged item, please contact us immediately so we can take corrective action. We cannot be held responsible for damaged items after 30 days from the date on your receipt.
You're welcome to return your Marketplace textbook for a full refund within 30 days from the date of purchase.
In order to receive your Marketplace refund
- You must return your book directly to the authorized seller from whom you purchased it. The seller's address and contact information can be found on the packing slip. We are not responsible for books returned to the wrong seller.
- Book must be in the same condition in which it was shipped it to you by your Marketplace seller.
- Marketplace vendors are not responsible for any damage incurred during transit, so you may choose to insure your package; insurance can be purchased from UPS stores or your post office.
- For new books, access codes and CDs/DVDs must be unused/unopened.
- All components (workbooks, study guides, CDs/DVDs, etc.) must be returned.
Marketplace refund guidelines
- Original shipping charges are non-refundable.
- You are responsible for return shipping fees.
- Marketplace vendors will credit you once your book arrives and is inspected (typically takes 8-14 business days).
- Please allow up to 2 weeks to receive your refund.
- Refund will be issued to the original form of payment.
- Refused packages and COD payments will not be accepted.
Late or damaged Marketplace returns
- Late or damaged returns to Marketplace vendors will not be accepted.
You may return an unactivated eTextbook for a full refund within 30 days from the date of purchase.
Upon activation, your eTextbook is NON-RETURNABLE.
To return an eTextbook, contact Textbooks.com Customer Service via email at [email protected].
The Marketplace
The Textbooks.com Marketplace is a community of over 10,000 independent sellers authorized to sell their books through Textbooks.com. Textbooks in the Marketplace ship from their respective authorized sellers, and sellers process their own orders and returns.
Though all sellers are carefully vetted to meet our standards of quality and reliability, we recommend that for the best service and fastest delivery, you order your textbooks direct from Textbooks.com.
NOTE: Customer service for Marketplace orders is provided directly from the seller you choose and not from Textbooks.com.
Search for your textbook as usual, and then scroll down until you see the Marketplace section. It's a list of sellers carrying your book in varying conditions at varying prices.
Before purchasing a textbook from the Marketplace, please check its condition and the location from which it ships, as location may impact how long it takes for your book to arrive. The book you purchase will ship directly from that Marketplace seller and not from Textbooks.com.
The following payment methods are accepted in the Marketplace:
- Visa
- American Express
- MasterCard
- Discover
PayPal is not accepted for Marketplace orders or for orders containing a Marketplace textbook. So, for example, if you order three textbooks and two are direct from Textbooks.com and one is from the Marketplace, your entire order is ineligible for PayPal.
To pay with PayPal, please order your textbooks direct from Textbooks.com.
Diners Club is also not accepted for Marketplace orders or for orders containing a Marketplace textbook.
Marketplace authorization hold
Marketplace transactions place an authorization hold on your credit/debit account until each seller has accepted their portion of the order, at which time the actual charges are placed against your account. This may result in charges that temporarily exceed the amount of your order. Authorization charges will drop off of your credit/debit card within 72 business hours from order placement. Please contact your bank or credit card provider for further information on how they handle these situations.
For your planning and convenience, we display an estimated sales tax amount when orders are placed. The exact sales tax will be calculated and charged at the time your order is shipped.
Barnes & Noble sales tax
The Textbooks.com Marketplace is powered by Barnes & Noble. In accordance with applicable law, Barnes & Noble collects sales tax in all states.
- Sales tax is applied to the total amount of the order and is based on the shipment's destination state and local sales tax rates.
- States that impose sales tax collection on Shipping & Handling expenses require that sales tax be applied to Shipping & Handling when the item that is being shipped is subject to sales tax.
- Tax credits can only be applied after the order has already been billed - customers must email their request for credit to [email protected].
Marketplace sellers are allowed 2 business days for processing after your order is accepted. Therefore, please leave yourself an additional 2 business days on top of the estimated shipping time to receive your textbook.
METHOD: Marketplace Standard
COST: $4.99 (per item)
PROCESSING TIME: 2 business days
DELIVERY TIME: 6-18 business days
after shipping
METHOD: Marketplace Express
COST: $6.99 (per item)
PROCESSING TIME: 2 business days
DELIVERY TIME: 5-8 business days
after shipping
*Business days are Monday - Friday and do not include holidays.
Checking the status of your Marketplace order
To check the status of your Marketplace order, contact the seller sending your book. You can find your seller's contact information in your order confirmation email.
You can find your seller's contact information in your order confirmation email as well as on your shipment's return address label and packing slip.
If you're having difficulty communicating with your Marketplace seller, please email us at [email protected] and we'll assist. Textbooks.com does not provide customer service by phone for Marketplace orders.
You're welcome to return your Marketplace textbook for a full refund within 30 days from the date of purchase.
In order to receive your Marketplace refund
- You must return your book directly to the authorized seller from whom you purchased it. The seller's address and contact information can be found on the packing slip. We are not responsible for books returned to the wrong seller.
- Book must be in the same condition in which it was shipped to you by your Marketplace seller.
- Marketplace vendors are not responsible for any damage incurred during transit, so you may choose to insure your package; insurance can be purchased from UPS stores or your post office.
- We strongly recommend that you use a shipping method with tracking for your return.
- For new books, access codes and CDs/DVDs must be unused/unopened.
- All components (workbooks, study guides, CDs/DVDs, etc.) must be returned.
Marketplace refund guidelines
- Original shipping charges are non-refundable.
- You are responsible for return shipping fees.
- Marketplace vendors will credit you once your book arrives and is inspected (typically takes 8-14 business days).
- Please allow up to 2 weeks to receive your refund.
- Refund will be issued to the original form of payment.
- Refused packages and COD payments will not be accepted.
Late or damaged Marketplace returns
- Late or damaged returns to Marketplace vendors will not be accepted.
Selling Textbooks
Here are our tips for getting the most cash back for your used textbooks:
- Buy books labeled "Guaranteed Cash Back". All over Textbooks.com, thousands of best-selling textbooks are marked as "Guaranteed Cash Back" at the time of purchase. That means that when you buy this textbook and sell it back to us in good condition at the end of the semester, you're guaranteed to get 50% cash back of what you paid for it. It's like getting your textbook for half off!
- Buy your textbooks somewhere else? No matter where you bought them, we want your used textbooks!
- Keep your textbooks in good condition. We have very high quality standards for our used textbooks. For more information on good condition, click here.
Follow these steps to get cash for your books on Textbooks.com:
- Click here or on the "Sell Textbooks" link on top of the page.
- Enter the ISBN of the book(s) you want to sell.
- Lock in your cash offer by clicking "Finalize This Quote".
- Enter or verify your address.
- Choose your payment method: we can either mail you a check or deposit directly into your PayPal account.
- Print your packing slip.
- Print your FREE UPS shipping label. Write down the tracking number so that you can keep tabs on your shipment while it's in transit.
- Pack your textbooks securely, being sure to include any original supplementary materials (CDs/DVDs, study guides, workbooks, etc.) Textbooks returned without their supplemental materials are not eligible for full credit.
- Be sure to include a copy of your quote in the box.
- Affix the pre-paid shipping label to your package and drop it off at any UPS location.
- Get your cash back! You'll receive a PayPal deposit within 1-2 weeks or a check in the mail in 2-4 weeks.
Tips for sending in your used textbooks:
- Pack your textbook shipment carefully. We're not responsible for any damage incurred during transit. Use a sturdy box suitable for shipping and tape it up securely.
- Write down the tracking number. There's a tracking number on your prepaid UPS shipping label. Jot it down so you can keep tabs on your textbook shipment.
- Include a copy of your quote with your shipment.
- Insuring your shipment. The prepaid shipping label provided with your quote does not include insurance on your shipment. If you want to insure your shipment, you can purchase separate shipping and insurance from the shipper of your choice.
- Textbooks.com is not responsible for books that are lost or damaged in transit.
In order to receive full credit for a textbook you're selling to Textbooks.com, it must meet all of the following criteria:
- The textbook must be in good condition.
- All original components (CDs/DVDs, study guides, etc.) listed on the quote must be included.
- The textbook cannot be an international or teacher's edition.
What is "good condition"?
Before you sell a textbook, please inspect it to ensure that it's in good condition. Though it can display minor signs of wear and tear, a textbook in "good condition" is always free from:
- Stains
- Water damage
- Missing, loose, or torn pages/cover
- Excessive writing
- Broken spine
- Torn or damaged binding
- Any other significant damage or disfigurement
A textbook can still be in good condition if it shows regular signs of use, such as:
- Some writing
- Highlighting (from a little to a lot)
- Rounded or dog-eared corners
- Minor scrapes or scratches
- Faded cover art
- Creased pages
Rejected textbooks
Decisions regarding the condition of textbooks rest solely with Textbooks.com. All decisions are final. If we receive your textbook and decide that it doesn't meet our quality standards, it will be recycled responsibly.
Including all textbook components
Textbooks returned without their original CDs/DVDs, study guides, workbooks, or other supplemental items listed on the quote are not eligible for full credit. Some items may have no value if the listed components are missing.
Books we do not buy back
We do not accept international editions, teacher's editions, complimentary copies, or professional review copies and cannot grant credit for any that we receive.
You can choose from the following cash back payment methods:
METHOD: Check*
DELIVERY: Mail
PROCESSING TIME: 2-4 weeks
METHOD: PayPal
DELIVERY: Direct deposit
PROCESSING TIME: 1-2 weeks
- Textbooks.com is not responsible for the fraudulent use of checks.
To track the status of your cash back
Log into your account and click on the "Books I've Sold" tab. You'll see when your shipment is received and when it has been processed. If we have any questions concerning your shipment, we'll contact you at the email address you provided when you created your quote.
What are eTextbooks?
eTextbooks are digital versions of textbooks that enhance your learning experience with personally tailored study tools and advanced tech features such as highlighting, note-taking, quick search, and more. When you buy an eTextbook, depending on the format type, you can access it from or download it to your computer or laptop, or access it from a tablet, mobile phone, or other compatible reading device.
Why choose eTextbooks over physical textbooks?Some of the reasons that students choose eTextbooks include:
- Instant access - download or access online right away
- Less weight to lug around - your shoulders will thank you
- Enhanced features - built-in highlighting, note-taking, search, and more
- Reduced price - up to 60% less than new print books
- Environmental sustainability - eTextbooks don't consume paper
What reader software do I need to access or read my eTextbook?
The reader software you need depends on the format of the eTextbook you purchased. Before purchasing, go to the product page and view the reader information under the eTextbooks tab. Also, after your order is processed, we'll email you instructions on how to download your free reader software.
How do I access my eTextbook?
Once you've purchased an eTextbook, we will send you a confirmation email that will contain a link to access your book (note: email can take up to 30 minutes to arrive). Or, from the Textbooks.com home page, log in to My Account and go to your Digital Bookshelf.
Do eTextbooks expire?
Expiration rules vary by publisher. Before purchasing an eTextbook, you can find out more information by going to the product page and view the expiration information under the eTextbooks tab. For eTextbooks you have already purchased, log into your account and click on your Digital Bookshelf to view the digital rights.
What are the different license or digital rights types?Your book will have one of the following licensing types:
- For 90 days, starting with the day of purchase
- For 1 year, starting with the day of purchase
- A perpetual license, with no expiration date
- For a predefined absolute number of days until the end date
- For a set number of days from the registration
Before purchasing an eTextbook, you can go to the product page and click on "View Digital Rights." For eTextbooks you have already purchased, log into your account and click on your Digital Bookshelf to view the digital rights.
What is Digital Rights Management (DRM)?
Digital Rights Management (DRM) is a set of restrictions determined by the publisher. DRM defines limitations, for example, on how much text you can copy, how many pages you can print, how many highlights you can export, and how many times you can download a book. The terms of your book license are also defined by the DRM.
The DRM information, which includes license and expiration information, can be viewed on the product page or in your Digital Bookshelf under "View Digital Rights."
When a license expires, will my notes be retained? Can I access them after expiration?
Your notes will be accessible, even after your book license is expired. Highlights and bookmarks will not be saved.
Can I print from my eTextbook?
Yes. But printing rules vary by publisher. Before purchasing an eTextbook, you can find out more information by going to the product page, clicking on "View Digital Rights," and look for "Printing" details. For eTextbooks you have already purchased, log into your account and click on your Digital Bookshelf to view the digital rights.
Can I share my eTextbook with my classmates?
No. eTextbooks are designed as a one-time download/limited-term access for a single user or laptop/mobile device. There are Encoded Digital Rights Management rules in place that disallow sharing eTextbooks. You can view limits by going to the product page and clicking on "View Digital Rights."
Can I make a back-up copy of my eTextbook, in case my computer crashes?
With the exception of Adobe eTextbooks, your eBook is stored online to prevent loss of data. For Adobe eTextbooks, you may store back-ups on removable media (CD or DVD) or copy it to an external drive. In the event of a computer crash, you may reinstall your eTextbook on the same computer from which it was originally accessed.
If you need help re-accessing or downloading your textbook, contact us at [email protected].
Follow these simple steps to purchase an eTextbooks from Textbooks.com:
- Make sure that your computer meets the minimum system requirements.
- Search or browse our digital inventory.
- Check out as you would normally. You'll get two emails from us: an order confirmation and, once your order is approved, an email with your eTextbook's access/download info.
- To access or download your eTextbook, click the link in the email or log in to your account.
To return your eTextbook, contact us at [email protected] before you activate. eTextbooks are non-returnable once activated. For inactivated textbooks, returns are accepted within 30 days from the date of purchase.
Depending on the publisher format of the eTextbook, you'll need to download one of the following free reader software programs in order to access your eTextbook:
- Textbooks.com Bookshelf Reader (need to be logged into your account to access)
- VitalSource Bookshelf eTextbook Reader
- CourseSmart Bookshelf Reader (need to be logged into your account to access)
- Adobe Digital Editions*
*Adobe Digital Editions is compatible with screen reading software JAWS, NVDA or Window-Eyes on Windows and VoiceOver on Mac OS
The reader software you need depends on the format of the eTextbook you purchased. Before purchasing, go to the eTextbook's product page and view the reader information under the eTextbooks tab. Also, after your order is processed, we'll email you instructions on how to download your free reader software.
Once you've purchased an eTextbook, we will send you a confirmation email that will contain a link to access your book (note: email can take up to 30 minutes to arrive). Or, from the Textbooks.com home page, log in to My Account and go to your Digital Bookshelf and click on the book's title to access.
General system requirements for accessing eTextbooks:
- Personal computer (non-shared, non-lab), laptop, tablet, or mobile phone. eTextbooks are designed to be accessed by or downloaded to one device and accessed by one user. If you download your eTextbook to a public computer and then try to access it on your personal computer or device later, you may not have permission to re-download it.
- High-speed Internet connection. A wired or wireless high-speed Internet connection (cable modem, DSL, LAN) is required for access/download stability and speed. Access/download time will vary based on connection speed and the size of the eTextbook. Once your eTextbook is successfully accessed/downloaded to your device, you do not need to be online to access it.
Specific system requirements for each reader software program:
DOWNLOAD LINK: Textbooks.com Bookshelf Reader
- Windows 7, 8, 8.1
or Mac OS X 10.7 or above
Supported browsers:
- Safari 5, 6
- Firefox 19, 20
- Chrome 25, 26
Download requirements:
Downloading a Textbooks.com eTextbook requires either Google Chrome or Safari. Use these links to download the most recent version:
DELIVERY: Adobe Digital Editions*
*Adobe Digital Editions is compatible with screen reading software JAWS, NVDA or Window-Eyes on Windows and VoiceOver on Mac OS
- XP or Windows 7 (32 or 64 running in 32 bit mode), or Mac OS 10.6 or above
- At least 512 MB RAM, 600 mHZ processor, and 40 MB of hard drive space (75MB for Mac OS)
DELIVERY: VitalSource Bookshelf Reader
- Windows 7/8, or Mac OS 10.6 or above
DELIVERY: CourseSmart Bookshelf Reader
- IE 7.0 or higher (Windows)
- Firefox 3.5 or higher (Windows/Mac)
- Safari 3.0 or higher (Mac)
- Chrome (Windows/Mac)
- Firefox 19 or higher (Windows/Mac)
- Chrome 19.0 or higher (Windows/Mac and Google Chrome OS)
- Safari 5.1 or higher (Windows/Mac)
Company Policies
Textbooks.com Privacy Policy
Effective Date and Last Updated: April 12, 2022
This Privacy Policy describes how Barnes & Noble Education, Inc. and its subsidiaries, including Barnes & Noble College Booksellers, LLC; MBS Textbook Exchange, LLC; Student Brands, LLC; or any of their affiliates or subsidiary companies (collectively, "BNED," "we," "us," "our"), collect, use and process your information. When you purchase products from, register on or use BNED sites where this Privacy Policy is posted, certain of your information will be collected. This Privacy Policy applies to your use of the Services. Please review it carefully. This Privacy Policy will take precedence over any conflicting privacy terms related to any other BNED products or services you access and/or use.
- Information Collected by Us.
- Information You Provide. BNED provides a family of products, Internet sites, services and browser-based and/or mobile applications (collectively, "Services). While registration with us is optional, please keep in mind that you will not be able to use many features of our Services unless you register with us. Depending on how you interact with our Services, you may provide us, our agents, vendors, consultants, and other service providers (collectively, "Service Providers",) with, and the Services may include hyperlinks to websites, locations, platforms, applications or services operated by third parties (collectively, "Third-Party Services") which require, information that may include:
- your name, email address, username, password, address, postal code, phone number, credit card number, gender, school attending, graduation year, and other registration information;
- information about your preferences;
- transaction-related information, such as your orders for any Services, downloads or other features, or purchases, if any, that you make from us;
- information you otherwise provide us, such as when you contact us (e.g., for help); and
- other information related to your use of certain offerings on our Services.
- Information Collected Automatically.We, our Service Providers, or Third-Party Services may automatically receive or collect certain information from you when you use the Services. This information may include:
- your browser or operating system;
- your manner of connecting to the Internet (including the browser and/or type of device you are using) and the name of your Internet service provider or wireless carrier;
- your Internet protocol ("IP") address;
- data relating to malfunctions or problems that occur when you use the Services;
- log file information, including your Web request, IP address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on our Services, domain names, landing pages, pages viewed, and other such information; and
- information collected by cookies, which are Cookies are small pieces of information or text files that a website sends to your computer for record-keeping purposes, which information is stored in a file on your computer's hard drive, and other tracking technologies, including but not limited to, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about interactions with the Services or emails, including information about your browsing and purchasing behavior. Cookies make Web-surfing and browsing easier for you by saving your preferences so that we can use the saved information to facilitate and improve your use of the Services.
- You can adjust your Internet browsers to reject cookies. However, if you disable the cookies on your computer you may not be able to use certain features of the Services and disabling cookies may invalidate opt outs that rely on cookies to function.
- We may use cookies to improve the quality of our Services, store user preferences, store and retrieve login information on a user's system, and to personalize content and offers of interest to our users.
- Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit; such signals may prevent third parties from collecting information about your online activities over time and across different websites. California law requires us to disclose how the Services respond to these kinds of "Do Not Track" signals. Like many websites, the Services currently are not designed to respond to "Do Not Track" signals from visitors' browsers. To learn more about "Do Not Track" you may wish to visit this site.
- We will treat information that does not personally identify you as non-personal information, and we may de-identify, anonymize or otherwise convert your personal information to non-personal information. As permitted by applicable law, we reserve the right to use, process, share and otherwise exploit your non-personal information without limitation.
- See our Cookie Disclosure, below, for more information.
- Information You Provide. BNED provides a family of products, Internet sites, services and browser-based and/or mobile applications (collectively, "Services). While registration with us is optional, please keep in mind that you will not be able to use many features of our Services unless you register with us. Depending on how you interact with our Services, you may provide us, our agents, vendors, consultants, and other service providers (collectively, "Service Providers",) with, and the Services may include hyperlinks to websites, locations, platforms, applications or services operated by third parties (collectively, "Third-Party Services") which require, information that may include:
- Sweepstakes, Contests, and Other Promotions
- Use of Your Information.
- Our Use of Your Information. We may use your information to:
- process your registration, manage your account (including your payment information and preferences), and deliver our Services and features desired by you (including any customization features requested by you);
- improve our Services;
- fulfill other purposes disclosed to you at the time you provide us with your information or otherwise where we are legally permitted to do so;
- personalize content and offers and serve you advertising that may be of interest to you;
- respond to your inquiries;
- fulfill your request for Services;
- provide you with updates and other information regarding the Services;
- understand your general location (i.e., not your specific geolocation) based on your IP address;
- keep our Services safe and secure and to prevent detect fraud and abuse;
- comply with our legal obligations, policies, and procedures; and
- administer and manage our Services including content and layout, site usage, troubleshooting, data analysis, testing, research, statistical and survey purposes.
- How We May Share Your Information. We may share your information:
- with our Service Providers in connection with their work on our behalf;
- with our family of BNED affiliates who may have content and offers of interest to you. We do not share your personal information to non-affiliate third parties for marketing purposes unless expressly authorized by you;
- if we believe your actions are inconsistent with our terms of use or other applicable terms or policies, or to protect the rights, property, life, health, security and safety of BNED, the Services, or its users, or any third party;
- in the event of a change of ownership, as described below;
- to comply with law, law enforcement or other legal process, and, where permitted, in response to governmental requests or legal process (for example, a court order, search warrant or subpoena); and
- to other circumstances in which we have a good faith belief that a crime has been or is being committed by a user.
BNED may implement Google's Invisible reCAPTCHA technology on our Sites in order to reduce spam and prevent abuse of our Sites. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
- Our Use of Your Information. We may use your information to:
- Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics.
- Third-Party Services. Third-Party Services may use their own Tracking Technologies to independently collect information about you and may solicit personal information from you. For example, BNED maintains its own branded pages on various social networks. When you visit these BNED-branded social media pages, the provider of the social network and other Third-Party Services may set Tracking Technologies on your browser or device.
- Social Features. Certain functionalities on the Services may permit interactions that you initiate between the Services and certain Third-Party Services, such as third-party social networks ("Social Features"). Examples of Social Features include: enabling you to send content such as contacts and photos between the Services and a Third-Party Services; "liking" or "sharing" BNED content; logging in to the Services using your Third-Party Services account (e.g., using Facebook Connect to sign-in to the Services); and to otherwise connect the Services to a Third-Party Services (e.g., to pull or push information to or from the Services). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Services (see "Information You Disclose Publicly or to Others" section above) or by the Third-Party Services that you use. Similarly, if you post information on a third-party service that references the Services (e.g., by using a hashtag associated with BNED or its affiliates in a tweet or status update), your post may be used on or in connection with the Services or otherwise by BNED and its affiliates. Also, both BNED and the third party may have access to certain information about you and your use of the Services and any Third-Party Services.
- Advertising. We may engage and work with Service Providers and other third parties to serve advertisements on the Services and/or on Third-Party Services. Some of these ads may be tailored to your interest based on your browsing, across time, of the Services and elsewhere on the Internet, which may include use of data from cross-device usage, sometimes referred to as "interest-based advertising" and "online behavioral advertising" ("Interest-based Advertising"), which may include sending you an ad on a third-party service after you have left the Services (i.e., "retargeting"). Our advertisers' and ad networks' use of Tracking Technologies are governed by their own privacy policies.
- Your Tracking Technologies Choices.
- Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to some Tracking Technologies, such as HTML5 cookies. Please be aware that if you disable or remove these technologies, some parts of the Services may not work and that when you revisit the Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
- Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.
- Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information. You have the right to request information from us about the Services that currently do not respond to "do not track" mechanisms featured in any Internet browser by contacting us according to the "How to Contact Us" section below.
- Many advertisers and service providers that perform advertising-related services for us and third parties participate in voluntary programs that provide tools to opt-out of such interest-based advertising such as the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding interest-based advertising for DAA members, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA's opt-out program for mobile apps. Some of these companies also are members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. You can also go to http://www.adroll.com/about/privacyhttp://www.adroll.com/about/privacy to adjust your advertising preferences with our provider AdRoll.
- Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected, participating members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your browser-based opt-out may not, or may no longer, be effective.
- We support the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks that we directly engage to serve you interest-based advertising will do so as well, though we cannot guaranty their compliance. We are not responsible for the effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs.
- In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases ("Matched List Ads"). This is done by using Tracking Technologies, or by matching common factors between our databases and the databases of the third-party services. We are not responsible for these third-party services, including without limitation their security of the data. We are not responsible for such third parties' failure to comply with your or our opt-out instructions as they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.
- Analytics. We may use Third-Party Services such as Google Analytics and Sailthru to help us analyze our performance and our delivery of services and advertising to you. For example, we may use Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager and Google Analytics Demographics and Interest Reporting.
- You may exercise your choices regarding the use of cookies by Google Analytics by using the Google Analytics Opt-out Browser Add-on or by going to https://tools.google.com/dlpage/gaoptout/ and following the instructions.
- You may exercise your choices regarding the use of cookies by our other analytics vendor, Sailthru, by going to https://www.sailthru.com/legal/privacy-statement and following the instructions.
- We and third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our site.
- Information You Disclose Publicly or to Others. The Services may permit you to post or submit User Generated Content ("UGC") including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including personal information. If you choose to submit UGC to any public area of the Services, your UGC will be considered "public" and will be accessible by anyone, including BNED. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, personal information included in UGC is not subject to our usage or sharing limitations, or other obligations, and may be used and shared by BNED and third parties to the fullest extent not prohibited by applicable law. We encourage you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated under the Services' Terms of Use click here. California minors should see the "Minors" section below regarding potential removal of certain UGC they have posted on the Services.
- Opting Out of Promotional Communications. You can make choices about how your information may be used by us to provide information and offers to you. You may opt out of commercial messages by clicking on the "opt out" or "unsubscribe" link provided with each message. These preferences do not apply to transactional communications, such as those that are related to your registration with us, required or important notices related to your use of our Services, or the fulfillment of a specific transaction.
- Accessing and Changing Information. We may provide web page(s), other mechanisms or processes allowing you to delete, correct, or update some of the personal information that we collect from you, and potentially certain other information about you (e.g., profile and account information). We will make good faith efforts to make requested changes in our then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from our databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data: (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
California minors should see the "Minors" section below regarding potential removal of certain UGC they have posted on the Services.
- Minors. Children under the age of sixteen (16) are not eligible to use the Services and must not submit any personal information to us.
- Minor CA Residents. Any California residents under the age of eighteen (18) who have registered to use the Services, and who posted content or information on the Services, can request removal by contacting us in the manner described under the "How to Contact Us" section below, detailing where the content or information is posted and attesting that you posted it. We will then make reasonable, good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
- Links and Other Sites. This Privacy Policy applies only to our information practices on the Services. This Privacy Policy does not apply to the other websites and social media sites you access and use, including those you may access from the Services. You are subject to the privacy policies of such other websites and social media sites.
- Change of Ownership. In the event that our ownership was to change as a result of a merger, acquisition, or any transaction involving the transfer of some or all of our assets by another company, your Services information may be transferred. We will provide you notice prior to any such transfer of your Personal Information.
- Security. We take steps to help protect Personal Information. We require password protection physical, electronic, and procedural safeguards to protect Personal Information. We limit access to Personal Information to employees and authorized who need to know that information in order to operate, develop or improve our Services. However, we cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or our policies).
- Changes to this Privacy Policy. We may update this Privacy Policy from time to time. If this Privacy Policy changes, the revised Policy will be posted on our website. Therefore, you should review our Privacy Policy periodically. If there are significant changes to our information practices, you will be provided with appropriate online notice. You may be provided other privacy-related information in connection with your use of offerings from us, as well as for special features and services not described in this Privacy Policy that may be introduced in the future. Your continued use of this website or our Services and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy.
- How to Contact Us. If you have any questions or concerns about our Privacy Policy or its implementation, or if you believe there are inaccuracies in your account information you may contact us as follows:
By email:
[email protected]
By mail:
2711 West Ash Street
Columbia, MO 65203
Attention: BNED Chief Privacy Officer
- Jurisdiction-Specific Terms
Your California Privacy Rights The California Consumer Privacy Act ("CCPA"), which provides California Consumers certain rights regarding their Personal Information ("PI") as those terms are defined in the CCPA, became effective on January 1, 2020. We are providing you with notice of the PI we collect and our purposes for that collection for data that may be subject to the CCPA ("CCPA Notice"). This CCPA Notice does not cover information that is outside of the scope of the CCPA. This notice also does not apply to data collected from employees, applicants or contractors or to data collected from individuals acting as representatives of another business in connection with business communications or transactions.
We collect PI directly from you, your device or browser, your education institution, our service providers and suppliers, and our corporate affiliates. We use and share PI for the following business purposes:
- to provide requested products and services;
- to advertise and offer new products and services;
- to improve our products and services;
- for quality assurance;
- for research and development;
- for prevention of fraud and illegal activity; and
- for marketing purposes.
We may also collect, use and share PI for our operational purposes as set forth in this Privacy Policy.
We collect the following categories of PI from Consumers which we share with our service providers, agents and licensees who perform services on our behalf, with our affiliates, and with your education institution:
- identifiers (e.g., name, phone number, email address, I.P. address);
- personal records (e.g., name, phone number, email address);
- customer account details / commercial information (e.g., your order history);
- internet usage information (e.g., information regarding your interaction with our online services); and
- inferences from PI collected (e.g., your preferences, your performance).
If you are a California Consumer and would like to register a request under your "right to know about personal information collected, disclosed or sold" (including right to obtain copies of specific pieces and/or information about categories of PI practices), or "right to request deletion of personal information," you can contact us via our Privacy Portal here or toll-free at 833-720-0427. You may opt out of cookies and other tracking technologies by clicking on the CA Do Not Sell My Personal Information link at the bottom of this website. You have the right to not receive discriminatory treatment in a manner prohibited by the CCPA because of exercising your rights under the CCPA.
To fulfill your CCPA request, we may require you to provide sufficient information to reasonably verify you are the Consumer about whom we collected PI. This verification process includes providing us at least two (2) unique data points, depending on the type of request.
Consumers have the right to exercise CCPA privacy rights via an authorized agent who meets the agency requirements of the CCPA. Authorized agent requests must include a copy of the agency agreement between the authorized agent and the consumer. We will ask the consumer to independently confirm the agency relationship.
The Right to Know
- Categories: You have the right, subject to statutory exceptions, to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- Specific Pieces: You have the right, subject to statutory exceptions, to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.
The Right to Deletion
You have the right, subject to statutory exceptions, to request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead by canceling or modifying our email marketing communications you receive from us. You can do so by following the instructions contained within our promotional emails.
The Right to Opt Out of Sale of Personal Information
We do not "sell" PI that we collect from you, including PI of minors under the age of 16, in accordance with the definition of "sell" in the CCPA. We treat all PI that we collect from you as subject to a "do not sell" request.
We work with service providers and partner with advertising companies that use cookies and other tracking technologies to collect information about your visits to our website and third-party sites, and then use that information to deliver advertisements relevant to your interests. There is not yet a consensus as to whether third party cookies and tracking technologies associated with our websites and mobile apps constitute a "sale" of your PI as defined by the CCPA. You may opt out of interest-based advertising using ad industry opt out tools by visiting youradchoices.com/control or optout.networkadvertising.org. To effectively manage cookies via this cookie settings tool, you must set cookie preferences on all browsers and all devices that you use. If you clear the cookies on your device, you may need to set your cookie preferences again. We are not responsible for the completeness, accuracy or effectiveness of any third-party programs, tools or frameworks, or the information they provide.
- Your Nevada Privacy Rights. Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell Personal Information covered by this Nevada law, please email your name and email address to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time, we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
We may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including any Promotion jointly sponsored or offered by third parties, which may require submitting your information. If you voluntarily choose to enter a Promotion, your information, including personal information, may be disclosed to BNED, Promotion co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices that will take precedence over those contained in this Privacy Policy in case of a conflict. Please review those official rules carefully.
Effective Date and Last Updated: April 12, 2022
Cookie Disclosure Last Updated: April 12, 2022
TXTB.com, LLC d/b/a Textbooks.com, Terms of Service
Effective Date and Last Updated: December 31, 2019
Welcome to the U.S. e-commerce shops, digital platforms, websites, applications ("apps"), widgets, blogs, or other online offerings owned or operated by subsidiaries of Barnes & Noble Education, Inc., including Barnes & Noble College Booksellers, LLC; MBS Textbook Exchange, LLC; Student Brands, LLC; or any of their affiliates or subsidiary companies (collectively, "BNED"), including but not limited to bncollege.com; bartleby.com; mbsbooks.com, studymode.com, cram.com, paperrater.com, and all other online offerings (collectively, the "Services") that post links to these Terms of Use. The Services include the online bookstores operated by BNED on behalf higher education and primary education institutions, as well as other online Services, resources, forums, contests or sweepstakes offered or operated by BNED.
Please review these Terms of Use carefully before using the Services. The Terms of Use govern each user's ("you" or "your") use of and/or access to the Services.
By using or accessing the Services, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use. You also acknowledge that you have read and understood our data practices as described in the Privacy Policy applicable to the Services and Content you use.
These Terms of Use affect your legal rights, responsibilities and obligations, govern your use of the Services, are legally binding, limit BNED's liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. Please note that nothing in these Terms of Use affects your mandatory statutory rights under applicable law, to the extent that such rights apply to you and cannot be limited or excluded.
If you do not wish to be bound by these Terms of Use, and any applicable Additional Terms (defined below), you should not use or access the Services, and, where applicable, you should uninstall any Services downloads and applications.
In some instances, you may be subject to different or additional terms and conditions, policies and guidelines ("Additional Terms") that are applicable to certain parts of the Services. Those Additional Terms will be posted on the Services in connection with the relevant offering. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control.
These Terms of Use and the Additional Terms are subject to change at any time, so we encourage you to periodically review all terms and conditions posted on the Services. If we make any material changes to these Terms of Use or the applicable Additional Terms, we will post the updated version(s), along with an effective date, and notify you by means of a notice on the Services. In the event that you have these Terms of Use cached on your browser, the Terms of Use that apply to you are the most recent version of the Terms of Use that appear on a non-cached browser.
If any changes to these Terms of Use or Additional Terms are not acceptable to you, you must stop your access to and/or use of the Services and, where applicable, uninstall any Services downloads and applications.
- Ownership; Your Rights to Use the Services and Content.
- Ownership. The Services and all of its content (collectively, "Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by BNED, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of BNED, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. BNED owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
- Your Rights to Access and Use the Services and Content. Your right to access and use the Services and Content is subject to your strict compliance with these Terms of Use and the applicable Additional Terms. Your right to access and use the Services and the Content shall automatically terminate upon any violations of these Terms of Use. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. As your right to access and use the Services and the Content is personal to you, you may neither assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the "Licensed Elements"):
- Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device ("Device") and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
- Subject to any applicable Additional Terms, if the Services includes a "Send to Friend," social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or to post our Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
- If the Services includes a "Download" link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;
- Download, install and use one copy of any software, including apps, that we make available on or through the Services ("Software") on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that: (i) by allowing you to download the Software, BNED does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be BNED and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms of Use or applicable Additional Terms, without the prior written consent of BNED; (iii) you may not assign, rent, lease, or lend the Software to any person or entity, and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
- If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith;
- Link to the Services from a website or other online service, so long as: (a) the links only incorporate text, and do not use any BNED names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with BNED or cause any other confusion, and (c) the links and the content on your website do not portray BNED or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to BNED. BNED reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party;
- Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Services; and
- Use any other functionality expressly provided by BNED on or through the Services for use by users, subject to these Terms of Use (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.
- Additional Terms for Usage Subscriptions. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
- Additional Terms for Bartleby Tutor. One-time purchases of minutes to be used for real-time tutoring sessions offered through Bartleby Tutor must be used within ninety (90) days from the date of purchase. Any unused minutes thereafter are nonrefundable and cannot be redeemed for any credit or other value. Minutes purchased through subscriptions to Bartleby Tutor expire upon any cancellation of the Bartleby Tutor subscription; any unused minutes at the time of such cancellation cannot be refunded or otherwise be credited back to your account.
- Rights of Others. In using the Services, you must respect the Intellectual Property and rights of others and BNED. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Services, see Section 5 below.
- Reservation of all Rights Not Granted as to Services and Content. These Terms of Use and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Services and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY BNED AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Services for any purpose is prohibited.
- Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Services"). For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Services. This may include the ability to register or sign into our Services using third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services and will not be liable for any damages caused by your use or reliance on Third-Party Services. If you are accessing or using the Services through Apple, Android, or any other mobile operating system platform, these are Third-Party Services. If you access our apps via Apple, see below for Additional Terms that are applicable to you and are incorporated into the Terms of Use by this reference.
- Terms applicable for Apple IOS.
- To the extent that you are accessing the Services through an Apple mobile application, you acknowledge that these Terms of Use are entered into between you and BNED and that Apple, Inc. ("Apple") is not a party to these Terms of Use other than as third-party beneficiary, as contemplated below.
- The license granted to you by BNED under these Terms of Use is subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of use applicable to the BNED Services you use.
- You acknowledge that BNED, and not Apple, is responsible for providing the Services and Content as defined in these Terms of Use.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services and Content.
- To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services and Content.
- Notwithstanding anything to the contrary herein, and subject to these Terms of Use, you acknowledge that, solely as between Apple and BNED, BNED and not Apple is responsible for addressing any claims you may have relating to the Services and Content, or your possession and/or use thereof, including, but not limited, to: (A) product liability claims; (B) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
- Further, you agree that if the Services, or your access to and use of the Services, infringes on a third-party's Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
- You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.
- Content You Submit; Interactive Community Rules.
- User-Generated Content. BNED may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding BNED Licensed Elements included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, subscription services, gameplay, social communities (including the Interactive Community (defined below), if applicable), contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms of Use and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
- Except as otherwise described in the Services' posted Privacy Policy, or any applicable Additional Terms, you agree: (A) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (B) to the maximum extent not prohibited by applicable law, BNED does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms of Use or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your UGC is submitted at your own risk.
- In your communications with BNED, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, BNED retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. BNED's receipt of your Unsolicited Ideas and Materials is not an admission by BNED of their novelty, priority, or originality, and it does not impair BNED 's right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.
- License to BNED of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion's official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant BNED the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (A) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (B) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to BNED to your UGC, you also, as permitted by applicable law, hereby grant to BNED, and agree to grant to BNED, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.
- BNED may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and BNED may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement, and protect Users from harmful UGC. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Services by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Services or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Services prospectively removed from public display as provided for in the Privacy Policy.
- Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC: (A) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant BNED the rights to it that you are granting by these Terms of Use and any applicable Additional Terms, all without any Bartleby obligation to obtain consent of any third-party and without creating any obligation or liability of Bartleby; (B) the UGC is accurate; (C) the UGC does not and, as to BNED's permitted uses and exploitation set forth in these Terms of Use, will not infringe any Intellectual Property or other right of any third-party; and (D) the UGC will not violate these Terms of User or any applicable Additional Terms, or cause injury or harm to any person.
- Any UGC (including chat messages, links, video, photo, audio or other media content) that you submit in connection with Bartleby Tutor may be made publicly available through BNED's library of searchable content. Such UGC may be accessible by anyone, including BNED. We encourage you to not include any personally identifiable information in any UGC you submit to BNED, the tutors, or any other third parties in relation to the Bartleby Tutor, and to exercise caution when making decisions about what you disclose when using our Services in general.
- Interactive Community Rules. Some aspects of the Services may enable you to communicate with other users and post information and other material, including your own UGC, via an interactive community (the "Interactive Community"). You are using Interactive Community services if, for example, you view or participate in the Interactive Community, post a review, create a list, create a profile, submit any UGC, or otherwise participate in any interactive feature. Your use of the Interactive Community is subject to these Terms of Use and any applicable Additional Terms, as well as the following:
- You may use the Interactive Community only for lawful purposes and in accordance with these Terms of Use. If you are using our Interactive Community, and post, publish or communicate any UGC on or through the Interactive Community, please choose carefully the information that you post and/or provide to other users.
- You may not post on or transmit through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation of the laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other UGC (including private messages) from you, or to deny, restrict, suspend or terminate access to all or any part of the Interactive Community at any time, for any or no reason, without prior notice or explanation and without liability.
- You may not post UGC that: (A) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; (B) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (C) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (D) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; (E) includes a photograph or video of another person that you have posted without that person's consent; (F) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Services; (G) involves the use of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (H) covers or obscures the banner advertisements on your personal profile page; (I) involves any automated use of the Services, such as using scripts to add friends or send comments or messages; (J) interferes with, disrupts or creates an undue burden on the Services or the networks or services connected to the Interactive Community; (K) impersonates or attempts to impersonate another Interactive Community user, person or entity; (L) uses the account, username or password of another Interactive Community user at any time or discloses your password to any third party or permits any third party to access your account; (M) sells or otherwise transfers your profile; or (N) uses any information obtained from the Services or Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.
- We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend or terminate your access to all or any part of the Interactive Community for any reason.
- If you become aware of misuse of the Interactive Community, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law, please contact us. Notwithstanding the foregoing and to the maximum extent permitted by applicable law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any UGC, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or UGC within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community. The Interactive Community is not designed for use by individuals under the age of 18 years ("Minors"). No children under the age of 16 are permitted to register or create user profiles, and individuals aged between 16 and 18 must participate in the Interactive Community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.
- Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the Services: (A) UGC that is not subject to any copyright or other proprietary rights restrictions; or (B) UGC that the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary UGC distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". We are entitled to presume that all UGC conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary UGC is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from an unauthorized submission or submission of UGC. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from any UGC.
- User-Generated Content. BNED may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding BNED Licensed Elements included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, subscription services, gameplay, social communities (including the Interactive Community (defined below), if applicable), contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms of Use and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
- Using the Services; Services and Content Use Restrictions.
- Creating an Account. Accounts may only be set up you (and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
- Subscriptions; Rentals; Purchases; Taxes. In order to access certain features of the Services, you may be required to make a purchase or enter into a subscription. Moreover, some aspects of the Services may allow you to place orders for or rent products.
- Any deal terms presented to you at the time of subscription, rental, purchase, or other transaction you conduct on or initiate on the Services ("Transaction") shall be considered Additional Terms. You agree to pay BNED all charges at the prices presented to you or your agent(s). You must provide, and you authorize BNED to charge, your chosen payment provider (your "Payment Method") when you make a purchase or subscribe to paid Services. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use. We allow you to save and manage your information about your Payment Method, including the full credit card number, account number, and expiration dates, for future purchases or transactions on our site. You may make changes to your default Payment Method at any time. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. You are responsible for maintaining the accuracy of the information that we have on file, and you consent to BNED updating such stored information from time to time based on information provided by you, your bank or payment services processors. If you initiate a chargeback dispute for any payment or transaction made on our site, BNED reserves the right to terminate the provision of services or delivery or products to you pending resolution of the chargeback dispute with the credit card issuer.
- Subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. Unless and until this these Terms of Use are cancelled in accordance with the terms hereof, you hereby authorize us to charge your Payment Method to pay for the ongoing cost of membership. Subscription fees are NOT refundable if you request to cancel or terminate your membership. Should a refund be issued by us, all refunds will be credited solely to the Payment Method used in the original transaction. You hereby further authorize us to charge your Payment Method for any and all additional purchases of Services and Content.
- Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or Services you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
- Services Use Restrictions. You agree that you will not: (i) use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to BNED; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user's access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, BNED, or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms of Use or any applicable Additional Terms.
- Content Use Restrictions. You also agree that, in using the Services, you will: (i) not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any the Content (including any images, text, or page layout); (iii) keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content; (iv) not use the Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) not make any modifications to the Content (other than to the extent of your specifically permitted use of the BNED Licensed Elements, if applicable); (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any Third-Party Services, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms of Use or any applicable Additional Terms, or with the prior written consent of an officer of BNED or, in the case of the Content from a licensor or owner of the Content; and (vii) not insert any code or product to manipulate the Content in any way that adversely affects any user experience or the Services.
- Availability of Services and Content. BNED, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in BNED's sole discretion, and without advance notice or liability.
- Age of Users. Unless otherwise specifically noted in the features made available to you, the Services, Content and any products and services appearing or marketed on the Services are intended for and directed towards the purchase and use by adults (those aged 18 years or above) or by individuals 16 or older with the consent of adults. Individuals over the age of 16 and under the age of 18 years may only use the Services with the supervision of a parent or legal guardian and should review these Terms of Use with a parent or legal guardian to ensure that they understand them.
- Internet Connectivity Charges. Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
- Wireless Features; Messages; Location-Based Features.
- Wireless Features. The Services may offer certain features and services via your wireless Device. Features and services may include the ability to access the Services' features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, "Wireless Features"). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify BNED of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. If the Services includes push notifications or other mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Services is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
- Text and Email Messages.
- Certain Services provided by BNED may offer text messaging programs. You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or Services aside from the text subscription itself. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages.
- By participating in any text messaging program offered through a Service, you are agreeing to receive recurring text messages for marketing purposes sent to the mobile number you provided when you opted into such Service's text messaging program. Message frequency varies. Except for purchase of premium text programs to which you subscribe for a fee (to the extent such programs are offered), your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. If you wish to opt-out of receiving further text messages from a Service, please reply STOP to the any text message you received from the Service to unsubscribe. Standard carrier message and data rates may apply, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Carriers are not liable for delayed or undelivered messages. Contact your carrier for details.
- Alerts auto-renew unless otherwise specified when you consented. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at [email protected].
- Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
- Location-Based Features. If GPS, geo-location or other location-based features are enabled on your Device, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy. Some Devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth and other networks may still be tracked when location services are turned off on Device settings. You can terminate Device location tracking via a mobile app by us by uninstalling the application. Territory geo-filtering maybe required in connection with use of some Services features due, for instance, to Content territory restrictions. The location-based services offered in connection with BNED's mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. Use location-based services at your own risk as location data may not be accurate.
- Notice and Take Down Procedure for Claims of Infringement.
- DMCA Notification. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.
- DMCA Requirements. We are committed to complying with U.S. copyright and related Intellectual Property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
- Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
By mail:
Barnes & Noble Education, Inc.
120 Mountainview Blvd.
Basking Ridge, NJ 07920
Attn: Legal Department
By email: [email protected]
The email address above is only for reporting copyright infringement and may not be used for any other purpose.
- If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer.
- It is often difficult to determine if your copyright has been infringed. BNED may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and Bartleby may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
- DMCA Counter-Notification. If access on the Services to a work that you submitted to BNED is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a "Counter-Notification" to the email address listed above. Your DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: "DMCA Counter-Notification";
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, email address, and the username of your account with us (if any);
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your electronic or physical signature.
- Receipt of DMCA Counter-Notification. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither BNED nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.
- Product Specifications; Pricing; Typographical Errors.
We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, BNED shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from BNED is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
- Termination or Suspension.
- Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
- For You to Terminate. You may terminate these Terms of Use by ceasing all use of the Services and deleting all Licensed Elements from your Device.
- Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the Services. Any suspension or termination will not affect your obligations to BNED under these Terms of Use or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from BNED, all rights granted to you under these Terms of Use or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms of Use and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to BNED in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
- Disclaimers; Exclusions and Limitations of Liability.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY BNED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Services (including the Content and the UGC), including without limitation:
- your use of or inability to use the Services, or the performance of the Services;
- any action taken in connection with an investigation by BNED Parties or law enforcement authorities regarding your access to or use of the Services;
- any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
- any errors or omissions in the Services' technical operation or security or any compromise or loss of your UGC or other data or information; or
- any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the BNED Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Services).
The liability limitations in this Section 8 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Services, or any express warranties by BNED that are included in applicable Additional Terms.
- Arbitration and Dispute Terms.
- Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, the Content, your UGC, these Terms of Use, or any applicable Additional Terms, (collectively, "Dispute") shall be in New York, New York. Each party submits to personal jurisdiction and venue in New York, New York for any and all purposes.
- Pre-Arbitration Notification. BNED and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that BNED need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim – whether you or BNED – shall send a letter to the other side briefly summarizing the claim and the request for relief. If BNED is making a claim, the letter shall be sent, via email, to the email address listed in your BNED account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, the letter shall be sent to: Barnes & Noble Education, 120 Mountain View Blvd., Basking Ridge, NJ 07920, Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or BNED, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period.
- Arbitration of Claims. Unless you give us notice of opt-out within five (5) business days of your first use of the Services, addressed to: Barnes & Noble Education, 120 Mountain View Blvd., Basking Ridge, NJ 07920, Attn: Legal Department, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section 9, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York, New York, before a single arbitrator. If the matter in dispute is between BNED and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms of Use waiving or limiting that relief) in a court of competent jurisdiction in New York, New York or, if sought by BNED, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section 9; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Supreme Court, Civil Branch, New York County or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. To the extent there are any challenges to the arbitrability of a claim, the arbitrator shall determine any and all such challenges.
- Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY BNED PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BARTLEBY PARTY.
- Governing Law. These Terms of Use and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the BNED Parties or by BNED against you pursuant to this Section 9, or otherwise related to the Services, Content, Licensed Elements, UGC, products or BNED Intellectual Property, will be governed by, construed, and resolved in accordance with, the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 9 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and BNED agree that we intend that this Section 9 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 9 can only be amended by mutual agreement. Either party may seek enforcement of this Section 9 in any court of competent jurisdiction.
- Class Action Waiver. As permitted by applicable law, both you and BNED waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 9 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
- Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).
- Survival. The provisions of this Section 9 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 9 shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms of Use.
- General Provisions.
- BNED's Consent or Approval. As to any provision in these Terms of Use or any applicable Additional Terms that grants BNED a right of consent or approval, or permits BNED to exercise a right in its "sole discretion," BNED may exercise that right in its sole and absolute discretion. No BNED consent or approval may be deemed to have been granted by BNED without being in writing and signed by an officer of BNED.
- Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by BNED), indemnify, and hold the BNED Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any BNED Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms of Use or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the BNED Parties' use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by the BNED Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the BNED Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The BNED Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of BNED. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
- Operation of Services; Availability of Products and Services; International Issues. BNED controls and operates the Services from the U.S., and makes no representation that the Services is appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.
- Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
- Interpretation. Headings used in these Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation." The singular includes the plural and vice versa. These Terms of Use, and the applicable Additional Terms, are binding upon each party and its successors and permitted assigns.
- Entire Agreement. Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
- Severability. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.
- Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors and other BNED Parties are intended third-party beneficiaries of these Terms of Use.
- No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy or provision.
- Notices. Where we need to send you notices under these Terms of Use or in connection with your use of the Services, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email or by postings on the Services satisfies any legal requirement that such communications be made in writing. All legal notices to us must be sent to: Barnes & Noble Education, Inc., 120 Mountainview Blvd., Basking Ridge, NJ 07920, Attention: Legal Department.
- Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms of Use, or the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers or licensors) or legislative or administrative interference (including those giving rise to currency changes or otherwise affecting our ability to operate or provide the nook service, whether in whole or in part).
- Changes to Services and Amendments to these Terms of Use. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms of Use in our sole discretion. Your use of the Services after any modification we make constitutes your acceptance of the most recent version of these Terms of Use as modified.
- Assignment. These Terms of Use and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms of Use or any of our rights and obligations under it.
- Contact Information. For help with the Services or if you have any questions regarding the Services or these Terms of Use, please contact customer service at [email protected]. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms of Use or the applicable Additional Terms.
Effective Date and Last Updated: December 31, 2019
Cookie Disclosure Last Updated: December 31, 2019
Textbooks.com Direct DMCA COPYRIGHT INFRINGEMENT TAKE-DOWN POLICY
TXTB.com, LLC d/b/a Textbooks.com ("Textbooks.com") respects the copyrights of others, and we expect our users to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe the copyrights of others. If you reasonably believe that any content on this web site ("Site") contains unauthorized reproductions of your copyrighted work or otherwise infringes an exclusive copyright, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512) ("DMCA"), you must promptly provide in writing the following information:
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and e-mail address;
- Include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.";
- Include the following statement: "The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Send the written communication to:
TXTB.com, LLC
Attn: Jamie Hofeditz, Copyright Agent
2711 West Ash Street
Columbia, MO 65203
[email protected]
Phone: 573-234-5313
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys' fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Textbooks.com may terminate access to the user's account.
Last Updated: August 15, 2016
By completing the buyback process, seller agrees to the Terms and Conditions of Textbooks.com Buyback, Privacy Policy and Terms of Service, all of which govern this transaction.
In order for you to receive the buyback prices in the buyback quote generated upon your acceptance of these Terms and Conditions, that quote must be enclosed with the books you seek to sell and ship to Textbooks.com. If the buyback quote is not enclosed with the shipment, Textbooks.com reserves the right to provide you a lower buyback price or reject the buyback.
You acknowledge the Buyback Quote is valid for 30 days from the date we provided the Buyback Quote to you. Textbooks.com reserves the right to adjust the quoted price of any books delivered to our facility after this 30-day period has elapsed.
Once this Buyback Quote has expired, customers may generate another Buyback Quote for the same books. You hereby agree buyback prices can change daily and prices in earlier Buyback Quotes may not be the same as those in more recent Buyback Quotes.
You agree all eligible books you seek to sell back to Textbooks.com listed in the buyback quote that are part of a set must include all additional items that were sold with that book, such as included CDs, Study Guides, or maps. Textbooks.com reserves the right, in its sole discretion, to adjust the price of any book you ship to us that does not contain the additional items listed in the buyback quote.
Textbooks.com does not accept for buyback any international editions or teacher's editions of any books in a buyback quote. In the event you send any such editions to us, Textbooks.com shall discard or return such books at the seller's sole expense.
By submitting the Buyback Quote and sending the textbook(s) and related item(s) (if any) to us, you represent and warrant such books are in good or better condition such that they meet the following criteria: (i) all pages are intact; (ii) the cover and binding are intact; (iii) any notes or highlighting are not excessive and do not obscure any of the text; and (iv) neither the cover nor any pages are torn or water-damaged.
By submitting the Buyback Quote and sending the textbook(s) and related item(s) to us, you further represent and warrant that the books and related items (if any) delivered pursuant to these Terms and Conditions shall not be or contain Counterfeit Books, as defined below. "Counterfeit Books" include, but are not limited to, books or separately identifiable items or components of books that: (i) are an illegal or unauthorized copy or substitute of an original authentic item in violation of applicable laws or (ii) otherwise violate, misappropriate, or infringe any United States or foreign patent, trademark, service mark, trade dress, trade name, copyright, design patent, right of publicity, or any other third-party right anywhere in the world. Textbooks.com shall not be responsible for any costs, charges, damages or other liabilities related to Counterfeit Books. Textbooks.com may, at its sole option, and in addition to its other rights and remedies at law, equity or otherwise, opt not to return, and shall not be responsible for returning, any Counterfeit Books to you. Textbooks.com shall not, and shall not be required to, pay for any Counterfeit Books. Textbooks.com may, at its sole option, destroy any Counterfeit Books or deliver them to the copyright owner of such books.
You hereby agree all books you submit to us for possible buyback shall be subject to final inspection upon receipt by Textbooks.com. For more information, review our quality standards as outlined in our FAQ section. Textbooks.com may revoke its acceptance of any buyback at any time if it determines that any books are Counterfeit Books or do not otherwise comply with these Terms and Conditions. No replacement of rejected books, whether or not Counterfeit Books, may be made unless approved by Textbooks.com in writing. Decisions regarding the condition and authenticity of textbooks rest solely with Textbooks.com, and all decisions are final.
Customers sending books for possible buyback to Textbooks.com do so at their sole risk. Textbooks.com shall not be responsible, under any circumstances, for any books that are lost or damaged in transit to or prior to receipt at the Textbooks.com addressed listed on the Buyback Quote.