Terms of Service
Welcome to Akademos, Inc. (“Akademos”, “we”, or “us”). We provide services (the “Services”) to you when you visit, buy, rent, or sell through our websites: Akademos.com, TextbookX.com and affiliated TextbookX branded-school websites (the “Sites”). By using the Services or visiting the Sites, you agree to the following terms and conditions. These Terms of Service are a legally binding agreement between you and us.
Please read them carefully.
Scope and Other Akademos Policies
When using the Sites, you may be subject to other posted terms and policies applicable to certain services available on or through the Sites. All terms and policies on the Sites, including our Privacy Policy, are part of these Terms of Service and are incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the Sites are subject to these Terms of Service. These Terms of Service, together with all of the other policies we post on the Sites, govern your use of the Sites and the Services.
Your Account
You may establish your own account in order to purchase or rent textbooks, utilize customer service, and maintain records of items you have purchased or rented. You are responsible for maintaining the confidentiality of your account log-in and password and for any activity that occurs on your account or password, whether or not authorized by you. We reserve the right to terminate or suspend your account or any order you place with us in our sole discretion. You can view your account, and make changes to your information at Help page.
License
Subject to your compliance with these Terms of Service, we or our content partners grant you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the Akademos Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to extract data or other materials from the Sites (except as may be the result of standard Internet browser usage). Unless formally authorized by us or our content partners, no materials from the Services or the Sites may be copied reproduced, modified, republished, downloaded or distributed in any form. When you download or use our content as authorized by these Terms of Service, you must keep intact any and all copyright and other proprietary notices and make no modifications or reproduction of the downloaded materials which are inconsistent with their terms of use. No part of the Services or the Sites may be reproduced, duplicated, copied, sold resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Copyright
All content included in or made available through the Services or the Sites, such as text, graphics, logos, icons, images, audio and video clips, data downloads, and software, is the property of Akademos or its content suppliers and is protected by United States and International copyright laws.
Trademarks
All trademarks that appear in any of the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Akademos. You may not use any such trademark without the prior written consent of its owner.
Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Sites, please notify us by sending an email to [email protected] or by sending a notice by U.S. Mail to:
Your notice to us must include the following information:
Marketplace Agreement
Please read our Marketplace Agreement, which governs transactions on the TextbookX.com Marketplace.
Electronic Communications
When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Pricing
"List Price" is the suggested retail price provided to us by the publisher, manufacturer or seller. Actual retail prices in your area may vary. "You Save" reflects the difference between our price and the publisher-provided list price shown on our Sites. We cannot guarantee the price of an item until you order, as limited availability of certain items may be impacted by other shoppers on our site. The price information provided is not intended to and shall not be deemed to constitute a contract or an offer to form a contract, but is an advertisement for an offer. We do not charge your account until after your order has been placed and entered into the shipping process.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AKADEMOS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS, AND SPONSORS (COLLECTIVELY, THE “PROVIDER PARTIES”) EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY DAMAGES, WHICH MAY RESULT FROM YOUR USE OF THE SITES OR SERVICES PROVIDED BY AKADEMOS.
THE LIABILITY OF THE PROVIDER PARTIES, TO YOU OR ANY ONE ELSE, IS LIMITED TO THE GREATER OF (A) $100, OR (B) THE TOTAL DOLLAR AMOUNT OF ALL FEES YOU HAVE PAID TO AKADEMOS IN THE 12 MONTHS PRIOR TO THE EVENT ALLEGEDLY GIVING RISE TO LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS OF SERVICE OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK.
DISCLAIMER OF WARRANTIES
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AKADEMOS, INC. NOR ANY OF THE PROVIDER PARTIES (AS DEFINED ABOVE) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, ANY SOFTWARE OR MATERIALS AVAILABLE THROUGH THE SITES, THE SERVICES, OR THE PERFORMANCE OF ANY SELLER OR BUYER ON THE AKADEMOS MARKETPLACE, AND THE PROVIDER PARTIES EXPRESSLY DISCLAIM ALL SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER PARTIES MAKE NO WARRANTY THAT THE SITES OR THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PROVIDER PARTY SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Indemnification
You agree to indemnify and hold akademos, inc. and its parent, subsidiaries, affiliates, officers, directors, attorneys, agents, sponsors, partner institutions, and employees (“indemnified parties”), harmless against all liabilities, costs, and expenses (including reasonable attorneys' fees) incurred by such indemnified parties that arise out of any claim asserted by a third party that involves, relates to, or concerns your use of the marketplace or the site or any breach of this marketplace agreement or any of our other posted policies.
Product Descriptions
We attempt to ensure that product descriptions are as accurate as possible. However, we do not warrant the accuracy or completeness of any product description that appears on the sites. If any item you order does not match its description on the sites, your sole remedy is to return the item.
Changes to these Terms of Service
We may notify you of changes to these terms of service at any time by changing the date at the top. Any changes will be effective upon posting of the updated policy. Your continuing to use the sites or the services following any change to these terms of service constitutes your consent to such changes.
Our Right to Change, Restrict, or Discontinue
We reserve the right, in our sole discretion, to change, suspend, restrict access to, or discontinue, wholly or in part, any or all of the services, the sites, and any of our terms or policies, effective upon publication on the relevant site(s).
Disputes
Any dispute or claim relating in any way to your use of the Services or the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our process agent at Akademos, Inc., 200 Connecticut Ave Norwalk, CT 06854. The arbitration will be conducted by JAMS, using a single arbitrator, under its Streamlined Arbitration Rules and Procedures. The JAMS rules are available at www.jamsadr.org or by calling 1-800-352-5267. If there is a conflict between the JAMS rules and this arbitration agreement, this agreement will control. We will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for any attorney’s fees you incur unless you prevail and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, we agree not to seek an award of attorney’s fees in arbitration even if an award is otherwise available under applicable law. The arbitration will be held in the county where you live or at another mutually agreed location.
In the event we allege that you have infringed or threatened to infringe our patents, trademarks, trade names, service marks, copyrights or other intellectual property rights, then this arbitration agreement shall not apply, and in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the state courts in Fairfield County, Connecticut and the federal courts located in Connecticut State, U.S.A. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00 (USD).
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Neither you nor we may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or us. To be clear, you and we both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth immediately below will remain in full force and effect.
Jury Trial Waiver
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Applicable Law
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Connecticut, U.S.A., without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us.
Severability
If any provision of any of our policies is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and shall not affect the validity and enforceability of any remaining provision.
No Services Intended for Children
Akademos does not sell items for children. If you are under the age of 13, you can only use Akademos services with the permission and involvement of a parent or guardian.
Use by Persons Located Outside the U.S.
We do not ship to addresses outside the United States. You acknowledge that the Sites and the Services are intended to be accessed and used by individuals located in the U.S. and that we make no representation that the Sites or the Services comply with the laws, including any privacy or data-protection laws, of any other jurisdiction.
Additional Information
Akademos, Inc.
200 Connecticut Ave
Norwalk, CT 06854
All rights reserved.