FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS SANDDIVER BOOKS 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 Sanddiver Books Site.
TERMS AND CONDITIONS
USER OBLIGATIONS. You must be 18 years of age or older to create an account or use this Sanddiver Books Site. 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 to the Sanddiver Books Site, including, without limitation, when You provide information during registration or on other forms. If You provide any false, inaccurate, or incomplete information, Sanddiver Books reserves the right to terminate Your access immediately to the Sanddiver Books 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 Sanddiver Books Site or to 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 Sanddiver Books 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 Sanddiver Books Site is solely at Your own risk. While Sanddiver Books has endeavored to create a secure and reliable Sanddiver Books Site, You should understand that the confidentiality of any communication or material transmitted to or from the Sanddiver Books Site over the Internet or other form of global communication network cannot be guaranteed. Sanddiver Books is not responsible for the security of any information transmitted to or from the Sanddiver Books Site. You agree to assume all responsibility concerning activities related to Your use of the Sanddiver Books Site.
USER NAME. Your account information is accessible through the use of a USERID and PASSWORD assigned and/or controlled by You. You are solely responsible for protecting Your USERID and PASSWORD and hereby agree to accept all responsibility for any activity that occurs under Your account with Your USERID and PASSWORD. In addition, should any of Your employees with access to this Site leave Your business/institution, You will be responsible for changing any PASSWORDS if You believe such a step is warranted. Sanddiver Books is not responsible for any liability arising from any unauthorized use of this service (including without limitation from Your business, institution or from Your failure to safeguard a PASSWORD from unauthorized use). Only one Authorized User can use one user name and password and, thus, one account. By using the Sanddiver Books Site, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Sanddiver Books if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Sanddiver Books will not be liable for any loss or damage arising from Your failure to comply with these obligations. Sanddiver Books reserves the right to delete or change a user name or password at any time and for any reason with reasonable notice.
LICENSE GRANT. The Sanddiver Books Site is provided by Sanddiver Books Inc., and this TOU provides to You a revocable, limited, non-exclusive, non-transferable license to use the Sanddiver Books Site conditioned on Your continued compliance with the terms and conditions of this TOU and this TOU permits You to use and access for business purposes only the Sanddiver Books Site. You may also download materials and information from the Sanddiver Books Site solely for Your internal business use, provided that all hard copies retain all copyright and other applicable notices contained in such materials and information.
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 Sanddiver Books through the Sanddiver Books 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:
- reproduce or circumvent the navigational structure or presentation of the Sanddiver Books Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Sanddiver Books Site,
- attempt to gain unauthorized access to any portion or feature of the Sanddiver Books Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the Sanddiver Books Site or to any Sanddiver server or to any of the services offered on or through the Sanddiver Books Site, by hacking, password “mining,” or any other illegitimate or prohibited means,
- probe, scan, or test the vulnerability of the Sanddiver Books Site or any network connected to the Sanddiver Books Site, nor breach the security or authentication measures on the Sanddiver Books Site or any network connected to the Sanddiver Books Site,
- reverse lookup, trace, or seek to trace any information on any other Authorized User of or visitor to the Sanddiver Books Site,
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sanddiver Books Site or Sanddiver Books’s systems or networks or any systems or networks connected to the Sanddiver Books Site,
- use any device, software to interfere with the proper working of the Sanddiver Books Site or any transaction conducted on the Sanddiver Books Site, or with any other person’s use of the Sanddiver Books Site,
- resell, or otherwise permit third parties to access and use the Sanddiver Books Site (or any part thereof) without Sanddiver Books Inc.’s prior written permission, or
- use the Sanddiver Books Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Sanddiver Books.
TERM AND TERMINATION. This TOU and Your right to use the Sanddiver Books Site will take effect at the moment You click “I AGREE TO THE TERMS OF SERVICE”, and access, or use the Sanddiver Books Site. In addition, Sanddiver Books reserves the right at any time if You violate any term or condition of this TOU, to deny Your access to the Sanddiver Books 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 Sanddiver Books Site or inactivating Your Sanddiver Books account, but all applicable provisions of this TOU will survive termination. Upon termination, You must destroy all copies of any aspect of the Sanddiver Books Site in Your possession. The provisions concerning Sanddiver Book’s 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. SANDDIVER BOOKS 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. SANDDIVER BOOKS, 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 SANDDIVER BOOKS, 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 AERIO, 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 SANDDIVER BOOKS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SANDDIVER BOOKS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SANDDIVER BOOKS IN CONNECTION WITH THE USE OF THIS SANDDIVER BOOKS SITE FOR THE PRIOR THREE MONTHS.
RETURN POLICY. Sanddiver Books will gladly exchange, credit or refund your purchase of any digital edition if returned within 14 days of the purchase date, excluding a Handling charge of US$0.50 per ebook. Please allow 2 weeks for processing. Please note that returns must be requested within 14 days of the date of purchase; Sanddiver Books cannot assume responsibility for your download of the purchased files.
FLAWED OR DAMAGED PRINT EDITIONS. Sanddiver Books does not accept returns of print editions. If you receive a flawed or damaged print edition from the Sanddiver Books store, please contact us by email at firstname.lastname@example.org and it will be replaced. All flawed or damaged print editions purchased from Amazon should be brought to Amazon’s attention.
CONCLUSION OF CONTRACT. After placing an order with Sanddiver Books, you will receive an order confirmation by e-mail, providing you have provided us with an e-mail address. This confirmation acts as confirmation of receipt and does not constitute a legally binding acceptance of your order. Purchase contracts between Sanddiver Books and you come into force after your order has been accepted on shipping or deliver of the download link of the goods. The goods remain the full property of Sanddiver Books until full payment has been made. Our prices naturally already include VAT (as at January 2011; subject to changes in VAT) where VAT is applicable. As a result of ongoing improvements to product quality, deviations from the product images and/or information provided may occur in isolated cases. All performance, dimensions, weights and sizes provided are approximate values. We shall only accept liability for damage in the event of gross negligence or intent. We shall under no circumstances accept liability for subsequent damage such as loss of earnings.
LEAD TIMES AND DELIVERY – PRINT EDITIONS. Delivery will take place approximately one to four weeks after receipt of your order. Unless otherwise agreed, delivery will be to the delivery address provided by the customer. Books for which we do not hold the publishing rights in certain jurisdictions are not available in those jurisdictions and cannot be shipped to or downloaded by customers located in those jurisdictions.
APPLICABLE LAW AND PLACE OF JURISDICTION. Canadian law applies, excluding the UN Convention on the International Sales of Goods. The place of jurisdiction is Ottawa, Canada. We are not obligated to participate in an arbitration process and are unfortunately unable to offer you the opportunity to participate in any such process.