Welcome to the BeyondBooks.com Website. Here you will find the General Terms of Use for the Website. By using the Website, you are agreeing that you have read, understand and agree to abide by these Terms of Use. Please read these Terms of Use carefully; they contain important information pertaining to all our Users (as defined below).

Rules of Conduct

Everybody who uses the Website agrees to abide by our Rules of Conduct.

Our Privacy Commitment

BeyondBooks.com is committed to preserving the privacy of individual Users' personal information. We comply with the Children's On-Line Privacy Protection Act. The full extent of our commitment can be found by visiting our Privacy Policy.

BeyondBooks.com shall treat a Users' registration information in accordance with the Privacy Policy, as modified from time to time by BeyondBooks.com in its sole discretion.

Please read our policy concerning unsolicited submissions of creative materials.

Registration

In order to use the Website, you need to obtain a Password. Passwords are issued only to Individual Subscribers and learning institutions or teachers subscribing on behalf of their students ("Institutional Subscribers") (collectively, "Users") who have registered. You must be an individual, 18 years of age or older, or be an Institutional-Subscriber to register. [Registration Form]

Passwords that have been issued to Institutional Subscribers may not be shared. They may only be used by the administrators, teachers and students to whom they are assigned pursuant to the Institutional Subscriber's registration information. [Registration Form]. Passwords issued to Individual Subscribers may be shared with that Individual Subscriber's spouse, children or grandchildren ("Immediate Family") only. Users remain at all times solely and fully responsible for the proper use of passwords issued hereunder. Individual Subscribers who intend to share their password with a member of their Immediate Family who is under 13 years of age agrees to supervise the minor person's use of the Website.

Authorized teacher-Users receive special individual Teacher Passwords that may not be shared with anyone else giving them access to the special teacher areas of the Website.

If you think at any time that your Password has been compromised, please send an e-mail to webmaster@BeyondBooks.com to be issued a new password.

Subscription Fees, Payment and Termination

• Individual Subscribers
Individual Subscribers will pay the subscription fees in effect for the Website services to which such Individual Subscriber is subscribing on the Registration Form via approved credit or debit card. Upon acceptance of this subscription, a Password shall be issued and the Website services shall be accessible by the Individual Subscriber for the period subscribed for on the Registration Form (the "Subscription Period").

An Individual Subscriber may request a refund of any fees paid any time before the expiration of his or her Subscription Period if the Password issued has not been used. UPON USE OF THE PASSWORD TO ACCESS OR ENABLE THE WEBSITE, ALL AMOUNTS PAID BECOME NON-REFUNDABLE.

Upon Beyond Books's acceptance of a subscription, it shall remain in effect until: (a) expiration of the Subscription Period; (b) breach of any of these Terms of Use; or (c) termination of the subscription by the Individual Subscriber, upon 30 days Notice (as set forth below) for any reason.

• Institutional Subscribers
Institutional Subscribers will pay to Beyond Books the subscription fees in effect for the Website services to which such Institutional Subscriber is subscribing on the Registration Form, in accordance with Beyond Books's Institutional Payment Procedures. Upon receipt of a purchase order or payment from the Institutional Subscriber and acceptance of the subscription by Beyond Books, the requested passwords will be released by Beyond Books and the Website shall be accessible by the Institutional Subscriber for a period requested on the Registration Form or a subscription period agreed upon in writing (the "Subscription Period") by Beyond Books.

Beyond Books guarantees Institutional Subscriber's satisfaction with the Website for a period of thirty (30) days after the issuance of any password(s) to the Institutional Subscriber (the "Guarantee Period"). If at any time during the Guarantee Period an Institutional Subscriber desires to terminate its subscription for any reason, it may do so and receive a full refund from Beyond Books. AT THE EXPIRATION OF THE GUARANTEE PERIOD, ALL AMOUNTS PAID OR PAYABLE BECOME NON-REFUNDABLE.

Upon Beyond Books's acceptance of a subscription, it shall remain in effect until: (a) expiration of the Subscription Period; (b) breach of any of these Terms of Use; or (c) termination of the subscription by the Institutional Subscriber, upon 30 days Notice (as defined below) for any reason.

Browsers, Equipment and Accessibility

It is a User's sole responsibility to obtain and maintain equipment and software, including without limitation operating system and browser software, that conforms to BeyondBooks.com's specifications in effect, as revised from time to time, in order to connect to, communicate with and use the Website.

Beyond Books shall use commercially reasonable efforts to maintain the accessibility of the Website at all times, but may discontinue some or all of the Website features or services at any time, with or without notice, in order to perform hardware or software maintenance and/or upgrades or problem resolution. Additionally, to the extent that use of the Website is prevented, hindered, delayed or made impracticable by reason of force majeure (including any cause that cannot be overcome by reasonable diligence and without unreasonable expense) or due to Beyond Books's compliance with its commercially reasonable standard operating procedures or with any laws, rules, policies, practices or regulations of any industry association or organization, or any jurisdiction or governmental authority, Beyond Books and its affiliates will be excused from such delay or performance.

Use of Content

The Website has two types of content. The first, Beyond Books Content, is material that Beyond Books has created and placed on the Website. This material belongs to Beyond Books. The second type of content, Third Party Content, is any material placed on the Website by anyone other than Beyond Books.

All Beyond Books Content is protected by law, including but not limited to United States Copyright law, international conventions and other copyright laws. Beyond Books owns the copyright to the Beyond Books Content as a collective work or compilation, in the component parts of the Beyond Books Content and in the selection, coordination, arrangement and enhancement of the Beyond Books Content.

• Permitted Use: You have our permission to print a reasonable number of copies of Beyond Books Content displayed on the Website for noncommercial personal or classroom use, provided that any copies you print continue to show all notices concerning copyright, trademark and other proprietary rights that appear in the material you reproduce.

• Prohibited Uses: Except as expressly permitted by copyright law and except as permitted in the preceding paragraph, you must obtain written permission from Beyond Books, or the third-party owner of material appearing on the Website, for any other copying, redistributing or publishing of any Beyond Books Content or Third Party Content. The downloading to a server or personal computer of Beyond Books Content or Third Party Content displayed on the Website and the downloading of any code from the Website is strictly prohibited. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the Beyond Books Content or Third Party Content, in whole or in part, for commercial purposes without the express permission of Beyond Books.

• Linking to and framing the Website: You may create and publish links to the BeyondBooks.com homepage at http://www.BeyondBooks.com. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.

• Links from the Website: Before linking BeyondBooks.com to another site, we review that site to ensure that it provides useful information. Please send an e-mail to webmaster@BeyondBooks.com if you believe that a linked site contains information, which is not useful, or if the link leads to a non-existent or discontinued site.

• Additional Restrictions: You may not: (a) access the Website by any means other than a standard web browser having support for secure and encrypted communications, such as Netscape Navigator or Microsoft Internet Explorer; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or service;(c) sublicense, rent, lease, or permit any third party, to access any Website application or service through the use of User's password, except as permitted hereunder; (d) publish the results of benchmark tests of any Website application or service, or use any Website application in any manner which is competitive with services provided by BeyondBooks.com or Beyond Books; and (e) knowingly use or permit any others to use any facilities or services of BeyondBooks.com or its Licensors in connection with any effort that Subscriber knows seeks to breach the security or confidentiality of any other digital or on-line environment.

Users understand that except for Beyond Books Content, Beyond Books does not control, provide, operate, and is not responsible for, any content, goods or services available on the Internet other than the Beyond Books Content on the Website. Internet content made accessible on the Internet by independent third parties is not part of BeyondBooks.com and is not controlled by Beyond Books. Beyond Books neither endorses nor is responsible for the accuracy or reliability of such Internet content, goods or services.

Users should be aware that the Internet contains content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain users of the Website. Because of the nature of the Internet, we cannot control where children may go while using the Website. Parents, guardians or teachers should supervise children when using the Website and the Internet at all times.

Communications Authorities

Use of the Website is subject to the requirements, rules, regulations, operations and procedures of any relevant public communications authorities and/or private communications carriers. Beyond Books (and its affiliates) shall not be liable for any losses, costs, liabilities, damages, expenses and/or claims arising from or relating to the delay, alteration or interruption of telecommunications between Users and BeyondBooks.com caused by the failure for any reason of any communications facilities which User or Beyond Books (or any of affiliate) has contracted from any public communications authority or private communications carrier.

No Warranty

BEYOND BOOKS PROVIDES THE WEBSITE SERVICES HEREUNDER ON AN "AS IS" BASIS. BEYOND BOOKS MAKES NO WARRANTY WITH REGARD TO ANY CONTENT, APPLICATION, SERVICES OR GOODS PROVIDED ON OR THROUGH THE BEYONDBOOKS.COM WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEYOND BOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER BEYOND BOOKS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. BEYOND BOOKS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF BEYONDBOOKS.COM, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY BEYOND BOOKS OR ANY THIRD PARTY, WHETHER IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, PERFORMANCE, OR OTHERWISE.

NEITHER BEYOND BOOKS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, ARISING OUT OF: (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE OR DATA EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY COMMUNICATION SERVICES. BEYOND BOOKS'S LIABILITY TO A USER FOR BREACH OF THESE TERMS OF USE OR ANY OTHER REPRESENTATION OR WARRANTY MADE IN CONNECTION HEREWITH, FOR ANY ONE CLAIM OR IN THE AGGREGATE, IS LIMITED SOLELY TO A MAXIMUM REFUND OF THE AMOUNT PAID BY YOU TO BEYOND BOOKS TO USE BEYONDBOOKS.COM FOR THE SUBSCRIPTION PERIOD. IN THE EVENT OF ANY SUCH REFUND, YOUR SUBSCRIPTION TO BEYONDBOOKS.COM SHALL IMMEDIATELY TERMINATE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES BEYOND BOOKS'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

All Users agree to indemnify and hold harmless Beyond Books and its successors, assigns, officers, directors, employees, contractors, and agents from and against any and all claims, costs, expenses, damages, and liabilities, including reasonable attorneys' fees, arising from the use of the Website, a Users violation of these Terms of Use or any applicable laws or regulations, or any User's violation of the rights of another. Beyond Books is not responsible for any transaction or communication among Users.

Without limiting the foregoing, each Institutional Subscriber agrees to indemnify and hold harmless Beyond Books and its successors, assigns, officers, directors, employees, contractors, and agents from and against any and all claims, costs, expenses, damages, and liabilities, including reasonable attorneys' fees, resulting from or associated with in any way the Institutional Subscriber's breach of its obligation to obtain parental consent for the use of the Website by a student.

General

Additional Termination Rights: Beyond Books may modify or terminate use of any or all of the Website, with or without notice if, in Beyond Books's sole judgment use of the Website by a User: (a) presents a material security risk or will interfere materially with the operation of the Website; (b) is subject to an order from a court or governmental entity directing Beyond Books to cease permitting such use; (c) violates applicable law or infringes any intellectual property or proprietary right of any other party; (d) violates export control laws or regulations of the United States or another country; or (e) otherwise violates these Terms of Use.

Governing Law: These Terms of Use shall be governed by and interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Arbitration: Any controversy or claim arising out of or relating to use of the Website shall be settled by arbitration in Philadelphia, Pennsylvania, in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator, who shall be an attorney-at-law and shall have a background or training in computer law and contracts. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator shall have the authority to grant injunctive relief in a form substantially similar to that which could otherwise be granted by a court of law. The arbitrator shall not have the power to award any damages of the types excluded by this Agreement, regardless of the nature of the claim. Each party shall bear its own costs and expenses incurred in such arbitration. Nothing in this paragraph shall derogate from the rights of BeyondBooks.com to seek preliminary injunctive relief in a court of law to preserve the status quo.

No Waiver: The failure of Beyond Books to enforce any of these Terms of Use or respond to any breach by a User or any other parties shall not in any way waive Beyond Books's right to enforce subsequently any of these Terms of Use or to act with respect to similar breaches.

Notice: Any communication between Beyond Books and a User shall be effected by personal delivery in writing, by registered or certified mail (postage prepaid with return receipt requested), overnight delivery service, facsimile (with a copy by registered mail) or e-mail to webmaster@BeyondBooks.com. The date upon which any such notice is received at the designated address shall be deemed to be the date of such notice.

Assignment: A User may not assign, delegate or otherwise transfer its rights or obligations hereunder without the prior written consent of Beyond Books. Any attempted assignment without consent from Beyond Books shall be invalid and unenforceable

Acceptance of Subscription by Beyond Books: All subscriptions are subject to acceptance by Beyond Books. Beyond Books reserves the right to refuse to accept any subscription or to delay acceptance pending fulfillment of such conditions as it may elect to impose. Beyond Books will notify a User if it denies or delays acceptance of such User's subscription.