The Textchange Terms of Use

Date published: 02/23/2015

The Textchange, LLC (“The Textchange”), through its website available at www.thetextchange.com (the “Site”), provides an online platform through which users can post listings for used textbooks they wish to sell or exchange (the “Service”). Your use of the Site and the Service are subject to the following Terms of Use (the “Terms of Use”).

1. ACCEPTANCE OF TERMS

The following Terms of Use outline your obligations in connection with The Textchange Site and Service. If you access or otherwise use in any way the Site or the Service, you accept these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE AND/OR THE SERVICE, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SITE AND SERVICE.

2. MODIFICATIONS OF TERMS OF USE

The Textchange reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELECTRONIC COMMUNICATIONS

When you visit The Textchange or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

4. COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of The Textchange or its content suppliers. The compilation of all content on this site is the exclusive property of The Textchange. All software used on this site is the property of The Textchange or its software suppliers

5. LICENSE AND SITE ACCESS

The Textchange grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Textchange. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Textchange. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Textchange without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Textchange’s name or trademarks without the express written consent of The Textchange. Any unauthorized use terminates the permission or license granted by The Textchange. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Textchange so long as the link does not portray The Textchange, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Textchange logo or other proprietary graphic or trademark as part of the link without express written permission.

6. YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use The Textchange only with involvement of a parent or guardian. The Textchange reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

7. COMMUNICATIONS AND OTHER CONTENT

Users of the Site and Service may post photos and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The Textchange reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant The Textchange a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Textchange and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Textchange for all claims resulting from content you supply. The Textchange has the right but not the obligation to monitor and edit or remove any activity or content. The Textchange takes no responsibility and assumes no liability for any content posted by you or any third party. You acknowledge that The Textchange does not pre-screen or approve content, but that The Textchange shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the Term of Use or for any other reason.

8. INTERACTIONS WITH OTHER USERS

Your interactions with other users of the Site or Service, including payment and delivery of goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such users. You should make whatever investigation you feel necessary or appropriate before proceeding with any online, in-person or any other type of transaction with any such users. You agree that The Textchange shall not be responsible or liable for any loss or damage of any sort, including injury to any person or property, incurred as the result of any such dealings. If there is a dispute between participants on this site, you understand and agree that The Textchange is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The Textchange, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site or Service.

9. CONDUCT

You agree not to post or otherwise make available content:

Additionally, you agree not to:

10. LIMITATIONS ON SERVICE

You acknowledge that The Textchange may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that The Textchange has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that The Textchange reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Textchange shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION OF SERVICE

You agree that The Textchange, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if The Textchange believes that you have acted inconsistently with the letter or spirit of these Terms of Use. Further, you agree that The Textchange shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

12. COPYRIGHT COMPLAINTS

The Textchange respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please inform The Textchange.

13. PRODUCT DESCRIPTIONS

The Textchange attempts to be as accurate as possible. However, The Textchange does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

14. PRODUCT PRICING AND PAYMENT

Please note that The Textchange does not (a) sell any products; or (b) in any way facilitate payments for or exchanges of products between users of the Site or Service. You purchase products from or exchange products with third-party sellers using The Textchange platform. The Textchange is not responsible for third-party sellers' price in case of a mispriced item.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE TEXTCHANGE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE TEXTCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TEXTCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE TEXTCHANGE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE TEXTCHANGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TEXTCHANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SOME JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

16. APPLICABLE LAW

By visiting The Textchange, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Textchange.

17. SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to The Textchange. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms or provisions hereof shall be deemed invalid, void, or for any reason unenforceable, that term or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision.

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