Terms of Agreement
These Terms of Agreement may be changed from time to time and are effective immediately after we post the changes on our website. In addition, when using the Optos Books website, you agree that you are subject to any policies or rules which are contained herein. All such posted policies or rules are hereby incorporated by reference into this Agreement.
By placing an order with Optos Books, you agree to the following:
This User Agreement (Terms of Agreement) is a contract between you (the “User”) and Optos Books and applies to your use of the Optos Books website for the purchase of products offered through www.OptosBooks.com (collectively the "Service"). Please do not use or access our Services, if you do not agree to be bound by the terms and conditions of this Agreement.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective immediately after they are posted on our site. Upcoming changes will be posted on the website, accessible from the Ordering Info section under Site Information , on the lower left of your screen. You may review our current Terms of Agreement prior to initiating a transaction at any time by clicking the User Agreement link found on the Ordering Info page. In addition, during Registration you can set your Preferences to receive email notification of all policy updates. In this Agreement, "You" or "Your" means any person or entity registering to use the Service ("Users"). Unless otherwise stated, "We" or "Our" will refer collectively to Optos Books( “Service”).
This Agreement was last modified on June 11, 2004 .
- Optos Books, acts a seller of used, rare, out-of-print and hard to find books and other printed materials by creating, hosting, maintaining and providing our Service to you via the Internet. These products are represented and described as accurately as possible and to best of our abilities.
- In order to use the Service for a purchase, you must Register to create your account with us. You will be asked to fill in our Create an Account section with your contact information (such as name, e-mail address, phone, etc.). Our services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18). Persons may be suspended from our Service who present an unacceptable level of risk to the Service.
- "Your Information" is defined as any information you provide to us in the registration process when you Create an Account with our Service. You are solely responsible for Your Information. You agree that all information you provide to the Service will be accurate, complete and current. You are responsible for and agree to maintain Your Information to reflect only current contact information. Your Information and your activities (including your payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe on any third party's copyright, patent, trademark or other property rights or rights of publicity or privacy; (d) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming devices or usage that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (h) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than purchasing from our offerings and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
- All fees for individual products and fees related to the safe transfer of product to the User from the Service appear within the description listing of each. The Service establishes fees for all product and the safe transfer of product to the User from the Service. All fees for product individually or in the aggregate as set by Service. All product orders are subject to shipping fees set forth in the content of our Ordering Info page. The Service agrees to post a comprehensive schedule of fees as they relate to the safe transfer of product to the User from the Service. The User agrees to pay any and all fees for product orders submitted to the Services through the use of Your Account . Products, fees and all transactions related to the use of Your Account are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates. Fees are subject to change at the discretion of the Service and are to be considered in effect upon being posted on the website.
- You agree to pay all fees and charges incurred by you through use of Your Account . Optos Books is not responsible for unauthorized users accessing Your Account . You agree to accept full responsibility for all activities that occur within Your Account. We utilize the password to reduce the likelihood of unauthorized access to Your Account and strongly encourage you to safeguard your password to prevent such occurrences. Every User is responsible for ( i ) keeping such User's Optosbooks.com account password confidential and (ii) restricting access to such User's computer.
- You agree to read, understand and abide by the Terms of Sale as defined, represented and displayed on our Ordering Info page in order to complete a transaction with the Service. The Terms of Sale are subject to change without notice at the discretion of the Service and are in effect upon being posted on the Service website.
- Optos Books and all related logos, products and services described in this website are either trademarks or registered trademarks of Optos Books and may not be copied, imitated or used, in whole or in part, without the prior written permission of Optos Books. In addition, all HTML, page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Optos Books and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Optos Books.
- THE OPTOSBOOKS.COM WEBSITE IS PROVIDED BY OPTOSBOOKS.COM PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, NO OPTOSBOOKS.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE OPTOSBOOKS.COM WEBSITE, (II) THAT OPTOSBOOKS.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE (III) THAT THE OPTOSBOOKS.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF OPTOSBOOKS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO OPTOSBOOKS.COM PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE OPTOSBOOKS.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE OPTOSBOOKS.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY OPTOSBOOKS.COM PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY OPTOSBOOKS.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE OPTOSBOOKS.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OPTOSBOOKS.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OPTOSBOOKS.COM RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE OPTOSBOOKS.COM WEBSITE.
NO OPTOSBOOKS.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE OPTOSBOOKS.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH OPTOSBOOKS.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
- You agree to indemnify and hold Optos Books, its owner and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
- You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
- Optos Books reserves the right to make changes to the OptosBooks.com Website, posted policies and these at any time without notice. If we make material changes to this Agreement, we will notify you by means of posting the amended Terms of Agreement in the User Agreement link our Ordering Info page under Site Information and by e-mail only if you so specify.