FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS LIMITLESS SITE.
Any references to “User”, “You”, “Your”, or “Authorized User” refer to You or Your institution or business and all its related affiliates, agents, or employees who use this BOOKSHARK Site.
TERMS AND CONDITIONS
- USER OBLIGATIONS. You represent that You are at least the legal age of majority and will, at all times, provide true, accurate and complete information when submitting any information the BOOKSHARK Site, including, without limitation, when You provide information during registration or on other forms. If You provide any false, inaccurate, or incomplete information, BOOKSHARK reserves the right to terminate your access immediately to the BOOKSHARK Site. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the BOOKSHARK Site or not use this site if any applicable laws forbid its use. Without limiting the generality of the foregoing, You agree that you will not use nor disclose to any other party in a manner not permitted by this TOU any personally identifiable information, which You receive or which is made available from BOOKSHARK in connection with this TOU. In addition, You also acknowledge and agree that use of the internet and access to or transmissions or communications with the BOOKSHARK S Site is solely at Your own risk. While BOOKSHARK has endeavored to create a secure and reliable BOOKSHARK Site, you should understand that the confidentiality of any communication or material transmitted to or from the BOOKSHARK Site over the Internet or other form of global communication network cannot be guaranteed. BOOKSHARK is not responsible for the security of any information transmitted to or from the BOOKSHARK Site. You agree to assume all responsibility concerning activities related to BOOKSHARK Site.
- RESTRICTIONS. This is for limited use only. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by BOOKSHARK through the BOOKSHARK Site in any manner unless expressly permitted by this TOU. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels. You may not: (i) reproduce or circumvent the navigational structure or presentation of the BOOKSHARK Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the BOOKSHARK Site, (ii) attempt to gain unauthorized access to any portion or feature of the BOOKSHARK Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the BOOKSHARK Site or to any BOOKSHARK server or to any of the services offered on or through the BOOKSHARK Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the L BOOKSHARK Site or any network connected to the BOOKSHARK Site, nor breach the security or authentication measures on the BOOKSHARK Site or any network connected to the BOOKSHARK Site, (iv) reverse lookup, trace, or seek to trace any information on any other Authorized User of or visitor to the BOOKSHARK Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BOOKSHARK Site or BOOKSHARK systems or networks or any systems or networks connected to the BOOKSHARK Site, (vi) use any device, software to interfere with the proper working of the BOOKSHARK Site or any transaction conducted on the BOOKSHARK Site, or with any other person’s use of the BOOKSHARK Site, (vii) resell, or otherwise permit third parties to access and use the BOOKSHARK Site (or any part thereof) without BOOKSHARK prior written permission, or (viii) use the BOOKSHARK Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact BOOKSHARK.
- TERM AND TERMINATION. This TOU and Your right to use the BOOKSHARK Site will take effect at the moment you participate in a quiz, enter your email, or use the BOOKSHARK Site and is effective until terminated as set forth below. This TOU will terminate automatically if “unsubscribe”, withdrawal from a class, or email [email protected] In addition, BOOKSHARK reserves the right at any time if You violate any term or condition of this TOU, to deny your access to the BOOKSHARK Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the BOOKSHARK Site, but all applicable provisions of this TOU will survive termination. Upon termination, you must destroy all copies of any aspect of the BOOKSHARK Site in your possession. The provisions concerning BOOKSHARK proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.
- LIABILITY DISCLAIMER. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOOKSHARK AND/OR ITS SUPPLIERS OR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BOOKSHARK, ITS AFFILIATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL BOOKSHARK, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BOOKSHARK, ITS AFFILIATES AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF BOOKSHARK FOR ANY REASON WHATSOEVER RELATED TO USE OF THE BOOKSHARK SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KEYS IN CONNECTION WITH THE USE OF THIS BOOKSHARK SITE FOR THE PRIOR THREE MONTHS.
- INDEMNITY. You agree to defend, indemnify, and hold harmless BOOKSHARK and its affiliates, employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOU. You acknowledge that any breach, threatened or actual, of this TOU may cause irreparable injury to BOOKSHARK, such injury would not be quantifiable in monetary damages, and BOOKSHARK would not have an adequate remedy at law. You therefore agree that BOOKSHARK shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Hawaii, U.S.A. as applied to agreements entered into and completely performed in the State of Hawaii. You and BOOKSHARK each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in Honolulu in the State of Hawaii for any disputes between us under or arising out of this TOU. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against BOOKSHARK must be brought within ONE (1) year after the cause of action arises, or such claim or cause of action is barred. You access the BOOKSHARK Site on your own volition and are responsible for compliance with all applicable local laws with respect to Your access and use of the BOOKSHARK Site.
- WAIVER, NO JOINT VENTURE, SEVERABILITY. Failure by BOOKSHARK to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by BOOKSHARK of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between You and BOOKSHARK as result of this TOU or Your utilization of the BOOKSHARK Site. Headings herein are for convenience only. This TOU shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this BOOKSHARK Site; provided, however, that in the event of a conflict between such other terms and these Terms, the terms contained herein shall control.
- PROPRIETARY RIGHTS. This TOU provides You with a limited license to access and use the BOOKSHARK Site. You expressly acknowledge and agree that BOOKSHARK transfers no ownership or intellectual property interest or title in and to the BOOKSHARK Site to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, and arrangement of any content contained on or available through the BOOKSHARK Site, unless otherwise indicated, are owned, controlled, and licensed by BOOKSHARK, other third parties, or its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, BOOKSHARK does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the BOOKSHARK Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that L BOOKSHARK does enforce its intellectual property rights to the fullest extent of the law. This BOOKSHARK Site is Copyright © 2016 All rights reserved. Any downloadable or printable programs, directories, databases, information, or materials available through the BOOKSHARK Site and all copyrights, trade secrets, and know how related thereto, unless otherwise indicated, are owned by L BOOKSHARK or other third parties. This Site, BOOKSHARK, the BOOKSHARK logo, and all other names, logos, and icons identifying BOOKSHARK and its programs, products, and services are proprietary trademarks of BOOKSHARK, and any use of such marks, including, without limitation, as domain names, without the express written permission of BOOKSHARK is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- THIRD PARTY PRODUCTS/SERVICES. BOOKSHARK in its sole discretion, may post the advertisements of third parties on the BOOKSHARK Site and/or feature materials, programs, products, and services provided by third parties, including, without limitation, BOOKSHARK members. BOOKSHARK makes no representations with respect to the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the BOOKSHARK Site are solely between You and such third party. Accordingly, BOOKSHARK expressly disclaims responsibility and liability for all third party provided materials, programs, products, BOOKSHARK shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the BOOKSHARK Site.
For all other website questions, contact [email protected] with questions about content or functionality with this BOOKSHARK Site.