1. TERMS AND CONDITIONS
USE TERMS AND CONDITIONS
Welcome to the Buobooks website, a website owned and operated by Buobooks, LLC. The terms and conditions set out below identify what you, the user of Buobooks.com, can expect from the platform you are using. These Use Terms constitute a legally binding contract between you and BuoBooks.com, LLC. Read these Use Terms carefully before using the Buobooks.com website since, by using the website, you will be consenting to them. By visiting any area of the Buobooks.com website, creating an account, making a purchase on the Buobooks.com website, joining any online interactive community of the Buobooks.com website, publishing a review or creating a profile, or joining, viewing, visiting, or contributing to user forums, blogs, or interactive resources of Buobooks (all the aforesaid items are sometimes referred to herein as “Buobooks.com Services”), you, User, have read, understood, and agrees to be bound to the Use Terms and Conditions. If you do not agree to be bound to these Use Terms and Conditions and to respect all the applicable laws, you must log out of the Buobooks.com website immediately.
1. LICENSES AND RESTRICTIONS
1.1 Licences. Buobooks.COM, LLC (hereinafter just called Buobooks) grants the User a limited, non-exclusive, and revocable license to access and make personal and non-commercial use (unless the User has business ties with Buobooks documented in a separate contract) of the Buobooks.com website and its content (as defined in Section 3 below). Additional terms and conditions apply to the user-generated Content, as defined in Section 11 below. Buobooks also grants the User the limited, non-exclusive, and revocable right to create a hyperlink to the Buobooks.com website, provided the link does not represent Buobooks, its respective products or services in any false, misleading, demeaning, or offensive matter.
1.2 Restrictions: The licenses under Section 1.1 do not include the right to:
(a) modify, download (except the page cache), reproduce, copy, or resell the Buobooks.com website, the content, or any part or derivative of it.
(b) commercially use the Buobooks.com website, the Content, or any part that derives from it (unless the User has business ties with Buobooks, where the commercial use will be governed by the terms applicable to such business ties);
(c) copy or download any user account or profile information for someone else’s benefit;
(d) enable automated and high-volume electronic processes that apply to the Buobooks.com website or its systems, to the Content, or any part or derivative of it;
(e) use any robot, spider, data miner, tracker, scraper, or other automatized means to access or index the Buobook.com website, its systems, the content, or any other part or derivative of it for any purpose;
(f) tamper or try to tamper with the good operation of the Buobook.com website;
(g) disregard any measure used by Buobooks to prevent or restrict access to any part of the Buobooks.com website, to the Content, or to any part or derivative of it;
(h) categorize or use categorization techniques to include any commercial brand, logo, or other proprietary information (including images, text, page layout, or form) that belongs to Buobooks;
(i) use the Buobooks name, commercial brands, service brands, or logos in any meta tag or any other “hidden text”; or
(j) compile, repackage, disseminate, or use data extracted from the Buobooks.com website.
The aforementioned is expressly prohibited and the right to carry out any of the foregoing items requires the express consent of Buobooks (which shall consist of a written contract signed by an authorized representative of Buobooks). ny unauthorized use of the Buobooks.com website, the Content, or any part or derivative of it will revoke any license or permission granted by Buobooks, in addition to other applicable measures.
Buobooks.com LLC or third parties from whom Buobooks got permission to display on its website are the owners of the commercial or service brands used on the Buobooks.com website. All the rights are reserved. These and other graphs, logos, services brands, commercial brands, and commercial brands that belong to Buobooks and its licensors cannot be used without prior consent from Buobooks or its licensor in writing, as applicable. Without limiting the foregoing, no registered, visual, or commercial mark of Buobooks can be used in connection with any product or service other than that of Buobooks, in any way that can cause confusion among the Users or in any way that could debase or discredit Buobooks.
3.1 Property rights: The User acknowledges that the Buobooks.com website contains some content (such as text, graphs, pictures, video, audio, code, and other data or information regarding any subject just called “Content”) that is protected by copyrights, commercial brands, trade secrets, or other property rights and that those rights are valid and protected in all of their currently existing formats, media, and technologies or that may be developed. The entire Content has or may have copyrights such as collective work under the copyright laws of the USA, Brazil, or other countries, and Buobooks has copyrights to the selection, coordination, organization, and improvement of this content on the Buobooks.com website. The User cannot modify, removed, exclude, increase, add, publish, transmit, take part in the transfer or sale, create derived work of, or otherwise exploit, any Content in whole or in part. If no specific restriction is stipulated, the User can make copies of selected parts of the Content, as long as made for the User’s personal use only and the User maintains any warnings placed in the Content, such as all the copyright, trademark legend warnings, or other property right warnings. Except as determined in the preceding phrase or permitted by the fair use privilege under the US copyright laws (check, for instance, 17 USC, section 107), the User cannot download, publish, reproduce, or otherwise distribute any Content protected by copyrights, or any other property rights, without permission from the owner of the copyrights or any other property rights. In addition to the aforementioned, the use of any software Content will be governed by these terms and by any software license agreement attached to that software.
3.2 Third-party Content: Buobooks is a distributor and not an editor of the Content provided by third parties and Users. Buobooks has no editorial control over this Content. Buobooks is not compelled to go over the Content, including the user-generated Content, because this term is defined in Section 11 below. Any opinions, pieces of advice, statements, services, offers, or other information that compose the Content, including User-generated Content, either expressed or provided by third parties, including any other User, are the responsibility of their respective authors or distributors and not of Buobooks or any Publisher or Suppliers of Buobooks, unless expressly stated otherwise. Neither Buobooks nor any Supplier for Buobooks.com make representations or provide warranties on the accuracy, integrity, or utility of any third-party Content, unless expressly stated otherwise. Quite often, the Content, including the user-generated Content, available on the Buobooks.com website, represents the opinions and views of third parties who provided this Content. Under no circumstances will Buobooks or any Buobooks.com website Supplier be accountable for any loss or damage caused by the User’s trust in the information obtained through the Buobooks.com website. The User has to check the accuracy, integrity, or utility of any information, opinion, advice, or Content, including User-generated Content, available on the Buobooks.com website.
The price of an item on the Buobooks.com website can be different than the price displayed in the User’s cart and this price may go up or down between the time the item is placed in the shopping cart and the time it is actually bought. On rare occasions, an item can have the wrong price on the Buobooks.com website. If the price of the item on the Buobooks.com website is wrong and is really higher than the price given at the time of the purchase, so, at Buobooks’s sole discretion, Buobooks can (a) contact the user to get instructions before shipping the item or charging the user for this item; (b) cancel the order for this item and notify the user of the cancellation; or (c) ship the item at the wrong price for the User’s benefit.
5. RISK OF LOSS
The risk of loss and title to all the items bought on the Buobooks.com website is transferred to the user after the items are handed over to the carrier.
6. PRODUCT AVAILABILITY AND REIMBURSEMENT
If the Buobooks Website has the insufficient inventory to deliver the goods ordered by you or cannot obtain the inventory from our suppliers, we will notify as soon as possible and any sum debited by the Buobooks.com website in the payment method used by the User will be credited to your account and the Buobooks website will notify the User by e-mail at the address furnished in the order form. Reimbursement will be granted as soon as possible and, in any event, within 30 days of your order. The Buobooks.com website will not be compelled to provide any further compensation or supply goods in this situation. We update our website as quickly as possible to mitigate the misunderstanding. The website’s updating process when the goods on sale give out may take a few hours. Observe that the price at which the goods are offered is displayed in your online cart, but is subject to the other terms.
The promotions apply to listed items only, which are subject to change and availability. If you decide to buy a product with a multiple shopping offer, but do not buy sufficient products to qualify for the special discount, the product will be charged at its normal price. Observe that on the 3 for 2 promotions (and other multiple shopping offers), the item with the lowest price will always be the “free” item.
8. PRODUCT DELIVERY
The Buobooks.com website will ship the goods ordered by you through a carrier, which is tasked with delivering to the person and at the address provided by you on the Buobooks.com website when you place your order. The delivery will be made as soon as possible after your order has been accepted and, at any rate, within 30 days of placing the order. All the delivery dates mentioned on the website are estimates only, based on the availability, normal processing, and time usually required by the delivery companies. You will become the owner of the ordered goods when the goods are shipped to you from our distribution center. The Buobooks.com website is not responsible for any fault in the delivery of goods ordered by you or for any delay in the delivery or for any damage or defect in the goods delivered caused by any event or circumstance that is out of its reasonable control. The User must take into account any circumstance outside the reasonable control of the Buobooks.com website as to the transportation and delivery of goods in the intended region of the goods.
9. INTERNATIONAL TARIFFS AND TAXES
As you order goods from Buobooks, you may be subject to taxes and import tariffs levied as soon as the package arrives in the country of destination, as chosen at the delivery address. Any additional customs clearance charges must be covered by you; we have no control over those charges and cannot predict which those will be. Customs policies vary a lot from country to country; therefore, if necessary, get in contact with your local customs office for further information. In addition, observe that, by placing orders on the Buobooks.com website, you are considered to be the registered importer and must abide by all the laws and regulations of the country where the goods are being received.
10.1. If the goods supplied by the Buobooks.com website are not those you ordered or are damaged or defective, or if the quantity is wrong, Buobooks will have no responsibility to the User, unless the User notifies the Buobooks website in writing at the contact informed in the “Contact” section (located on the website’s footer) within ten (10) business day of receipt of the goods in question.
10.2. If the User does not receive the ordered goods within 30 days of the date they were shipped, Buobooks will have no responsibility to the User, unless the User notifies the Buobooks website in writing at the contact informed in the “Contact” section (located on the website’s footer) within forty (40) business day of the day when the order was placed and confirmed by an email sent by the Buobooks website to the User.
10.3. If you notify the Buobooks website of a problem under those conditions, the sole obligation of the Buobooks website will be, at its discretion, correct any shortage or failure to deliver; replace or repair any product that is damaged or flawed; or reimburse you for the amount paid for the goods in question as per the original payment method, unless this method is no longer valid. In this event, the electronic coupons from the Buobooks website will be issued at the value of the reimbursement due.
10.4. The Buobooks website is not responsible for any indirect or consequent loss or damage caused by any problem that you communicate to the Buobooks website under this condition, and the Buobooks website will not have to pay you in cash as a different means of compensation to reimburse you for the amount paid by you for the goods in question according to the preceding paragraph (10.3).
10.5. However, nothing in this condition means to restrict any rights you may have as a consumer under the USA laws which cannot be excluded or otherwise exclude or limit the liability of the Buobooks website to you for death or personal injury resulting from its negligence.
Nothing herein creates any right that is applicable by any person that is not a party hereto.
The Buobooks website has a complaint handling procedure that is used to resolve disputes as they arise. If you have any complaint, contact the Customer Service department at the following address: [email protected] .
11. USER AGE
Our products and services are traded and intended for purchase by adults or with an adult’s consent. Individuals under 18 (“Minors”) are not authorized to use the Buobooks.com website without parental or a custodian’s supervision. Furthermore, we do not collect or intentionally request personal information from children under 13 or allow them to register in an online account or publish personal information on our websites. If we find out that someone under 13 has imparted personal information to the Buobooks website, we will remove this information as soon as possible.
12. EXTERNAL LINKS
Our website may contain links to other websites; these hyperlinks connect you to websites of other organizations for which we are not responsible. We make our best efforts to prepare our own website and the information therein is provided in good faith. However, we have no control over any information you may access through other websites. Therefore, no mention to any organization, company or individual to which our website is linked implies approval or guarantee of the status and capacity of any organization, company, or individual by Buobooks.
13. END OF USE
13.1 Early termination rights: Buobooks may send notice, temporarily suspend, indefinitely suspend, or revoke any User’s right to use or access all or a part of the Buobooks.com website, including any account, without prior notice, for any reason, at the sole discretion of Buobooks, including, without limitation, a violation of the Use Terms, the belief by Buobooks that this access would violate any applicable law or harm the interests of or potentially cause financial losses to or place liability on Buobooks, any Buobooks Suppliers, or another User.
13.2 Restricted user: In some cases, at its sole discretion, Buobooks may send written notice (“Restriction Notice”) to a User (a “Restricted User”) to inform this Restricted User that (i) his right to use or access any part of the Buobooks.com website has been terminated, including the right to use, access, or create an account; (ii) that Buobooks refuse to provide any services for this Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and must be established without Restrict Notice.
The User agrees to compensate, defend, and keep Buobooks (and its employees, contractors, agents, suppliers, and partners) and each Supplier of Buobooks.com free from any and all claims, actions, losses, costs, damages, and any other liability, including reasonable attorney’s fees, brought by third parties, due to or arising from (i) the User’s use of the Buobooks.com website or the Buobooks.com services, (ii) any supposed or breach or breach of the Use Terms and Conditions or (iii) the User’s breach of any law or third-party rights. Buobooks reserves the right to, at the User’s expense, take over the exclusive defense and control of any issue for which this User is compelled to compensate Buobooks, and the User agrees to cooperate with the defense of this issue by Buobooks. This defense and compensation obligation is valid as much as permitted by law and will outlast the Use Terms and Conditions of the Buobooks.com website.
15. PASSWORD AND ACCOUNT SECURITY
15.1 Account password: Every user who has an account on the Buobooks.com website has to (i) keep the account password confidential and protected; (ii) avoid unauthorized access to the computer or other devices that belong to this User; and (iii) keep updated the contact information associated with this account. The User acknowledges the need to keep email address associated with his account up-to-date; although he can access his Buobooks account using an old email address, this user will not receive messages from Buobooks about his orders and inquiries, or other matters.
15.2 Account security: The User accepts full responsibility for all the activities that take place in the User’s Buobooks account or in the interactive community of the Buobooks.com website, either authorized by the User or not.
The user consents to the electronic communication with Buobooks, either sent to the e-mail address associated with this user’s Buobooks account or published on the Buobooks.com website. The user acknowledges and agrees that any communication by e-mail or posts on this Buobooks.com website meets any legal requirement that any communication should be in writing.
17. LEGAL NOTICE AND LIMITATION OF LIABILITY
17.1 Legal Notice
(a) Buobooks is not responsible for and does not provide any explicit or implicit guarantees regarding any Content displayed or accessed on the Buobooks.com website, including, without limitation, any user-generated Content or the accuracy or reliability of the Content, including user-generated content, published on the Buobooks.com website, or through the Buobooks.com services, caused by users of the Buobooks.com website or the Buobooks.com services, or by any equipment or programming associated with or used on the Buobooks.com website or the Buobooks.com services, including the Buobooks software. The content, including the user-generated content, does not necessarily reflect the opinions and policies of Buobooks. Third-party profiles and apps that may be created and posted by the Users on the Buobooks.com website may contain links to other websites; Buobooks is not responsible for the content, accuracy, or opinions provided in those websites, and those websites are not necessarily investigated, monitored, or checked for accuracy or integrity by Buobooks. The inclusion of any website associated with the Buobooks.com services does not imply approval or endorsement of the associated website by Buobooks. You access those third-party websites at your own risk. Buobooks is not responsible for third-party ads or third-party apps published on the Buobooks.com website or Buobooks.com services, nor is it responsible for the products and services provided by its advertisers.
(b) Buobooks is not responsible for the online or offline conduct of any User of the Buobooks.com website or Buobooks.com services. Buobooks is not responsible for any error, omission, interruption, exclusion, defect, delay in the operation or transmission, faulty communication line, theft or destruction, or unauthorized access or change to any communication by the User. Buobooks is not responsible for any problems or malfunction of the Books software, or any network or telephone lines, online computer systems, servers or suppliers, computing equipment, software, fault in any e-mail or players due to technical problems or traffic jam that affects the Internet or any of the Buobooks.com services or a combination of those, including injuries or damages to the users or someone else’s computer relating to or arising from the participation or download of materials relating to the Buobooks. Com website or services. Under no circumstances will Buobooks be held accountable for any loss or damage, including injuries or death, resulting from the use of the Buobooks.com website or services; of any content, including the user-generated content, published on the Buobooks.com services; the Buobooks software or the conduct of any user of the Buobooks.com website or the Buobooks.com services, either online or offline.
(c) THE BUOBOOKS.COM WEBSITE IS PROVIDED BY BUOBOOKS “AS IS” AND “AS AVAILABLE” UP TO THE MAXIMUM LIMIT PERMITTED BY THE APPLICABLE LAW, EACH BUOBOOKS SUPPLIER DECLINES ALL THE IMPLICIT GUARANTEES, INCLUDING, BUT NOT LIMITED TO, IMPLICIT GUARANTEES OF MARKETABILITY AND SUITABILITY FOR A SPECIFIC PURPOSE.
(d) WITHOUT LIMITING THE FOREGOING, NO BUOBOOKS SUPPLIER OR BUOBOOKS.COM WEBSITE SUPPLIER GRANTS ANY EXPRESS OR IMPLICIT REPRESENTATION OR WARRANTY OF ANY KIND; (I) AS TO THE OPERATION OF THE BUOBOOKS.COM WEBSITE OR THE INFORMATIVE CONTENT, INCLUDING THE CONTENT, BUOBOOKS SOFTWARE AND MATERIALS OR PRODUCTS INCLUDED HEREIN; (II) THAT THE BUOBOOKS.COM WEBSITE OR BUOBOOKS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, INCLUDING USER-GENERATED CONTENT, BUOBOOKS.COM SERVICES, BUOBOOKS SOFTWARE, OR GOODS SUPPLIED BY THE BUOBOOKS.COM WEBSITE; OR (IV) THAT THE BUOBOOKS.COM WEBSITE, ITS SERVICES, THE SOFTWARE, THE BUOBOOKS CONTENT, INCLUDING THE USER-GENERATED CONTENT, OR THE E-MAILS SENT BY OR IN THE NAME OF BUOBOOKS ARE FREE FROM VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, OR OTHER THREATS.
(e) BUOBOOKS DOES NOT GUARANTEE THE NONSTOP, UNINTERRUPTED, OR SECURE ACCESS TO THE BUOBOOKS.COM WEBSITE, TO THE BUOBOOKS SOFTWARE, TO THE BUOBOOKS.COM WEBSITE SERVICE, OR TO ANY RELATED SERVICE. THE OPERATION OF THE BUOBOOKS.COM WEBSITE AND THE BUOBOOKS SOFTWARE CAN BE DISRUPTED BY A NUMBER OF FACTORS OUTSIDE THE CONTROL OF BUOBOOKS.
17.2 Limit of Liability
(a) UNDER NO CIRCUMSTANCES WILL BUOBOOKS OR ANY SUPPLIER FOR BUOBOOKS.COM WEBSITE BE LIABLE FOR ANY DAMAGE CAUSED BY USE OF MISUSE OF THE BUOBOOKS.COM WEBSITE, INCLUDING, BUT NOT LIMITED TO, A USER’S TRUST IN ANY INFORMATION OBTAINED FROM THE BUOBOOKS.COM WEBSITE OR ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN THE OPERATION OR TRANSMISSION, OR ANY PERFORMANCE FLAW, EITHER RESULTING OR NOT FROM ACTS, FAULTY COMMUNICATION, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE BUOBOOKS RECORDS, PROGRAMS, OR SERVICES. THE USER ACKNOWLEDGES THAT THIS PARAGRAPH APPLIES TO THE ENTIRE CONTENT, INCLUDING USER-GENERATED CONTENT, SOFTWARE SERVICES, GOODS, AND BUOBOOKS.COM OF BUOBOOKS AVAILABLE ON THE BUOBOOKS.COM WEBSITE.
(b) NEITHER BUOBOOKS NOR ANY SUPPLIER FOR THE BUOBOOKS.COM WEBSITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGE ARISING FROM THE RELATIONSHIP WITH THE USE OF THE BUOBOOKS.COM WEBSITE, THE BUOBOOKS SOFWARE, THE USER, THE DOWNLOAD, THE USE, OR THE PURCHASE, CONTENT, OR PRODUCT, EVEN IF BUOBOOKS OR ANY SUPPLIER FOR THE BUOBOOKS.COM WEBSITE WERE WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH DOES NOT NEED TO EXCLUDE THE LIABILITY THAT THE PROOF BOOKS CANNOT EXCLUDE UNDER THE APPLICABLE LAW.
(c) SOME STATE, PROVINCIAL, AND FEDERAL LAWS DO NOT PERMIT LIMITATIONS OF IMPLICIT WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO A USER, SOME OR ALL OF THE EXEMPTIONS FROM LIABILITY, EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO THIS USER, AND THIS USER MAY HAVE ADDITIONAL RIGHTS.
The provisions under these Use Terms and Conditions must be severable. If, for any reason, any provision of these Use Terms and Conditions is deemed to be invalid or unenforceable, in whole or in part, in any applicable jurisdiction, such a provision will be, as to this jurisdiction, ineffective to the extent of this invalidity or inapplicability, not otherwise affecting the validity or enforceability in any other jurisdiction or of the other provisions in any jurisdiction. If Buobooks.com fails to exercise or enforce any right or provision under these Use Terms, this shall not be viewed as a waiver of this right or provision.
19. GOVERNING LAW; JURISDICTION
19.1 Applicable law: The Buobooks.com website is created and controlled by Buobooks, LCC, a company based in the state of Florida, USA. The laws of the State of Florida will govern these Use Terms, without giving rise to any conflict of laws principle.
19.2 Jurisdiction: Buobooks and the user agree to obey the personal, non-exclusive jurisdiction of the courts situated in the state of Florida and waive any objection to the filing of any litigation in those courts.
20. DISPUTE RESOLUTION
20.1 Arbitration. Any legal or property claim or dispute arising from these Use Term, the Buobooks.com website, or any Buobooks.com Services (each “Claim”) shall be resolved through bidding arbitration by telephone, online, or solely based on written notice, where a personal introduction is not required. In those cases, the arbitration will be carried out by the American Arbitration Association according to its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, as applicable) and the judgment on the ruling issued by the arbitrator(s) can be submitted to any competent court.
20.2 The option for litigation of Buobooks. As an alternative, at the sole discretion of Buobooks, a Claim (including Claims by injunction or any equity) can be judged by a court of competent jurisdiction located in the state of Florida.
20.3 No consolidation. Any Claim will be arbitrated or litigated, as the case may be, individually and will not be combined with any Claim from any other party, be it through collection action procedures, collective arbitration procedures, or otherwise.
20.4 Disputes between users. You are solely responsible for your interactions with other users; Buobooks reserves the right, but not the obligation, to get involved in any kind of disputes between you and other Users.
20.5 Waiver of jury trial. Each party, knowingly and willingly, intentionally waives any right to a jury trial with reference to any lawsuit (including, among others, claims, counterclaims, cross claims, or third-party claims) arising from, under, or in connection with these Use Terms. Furthermore, each party certifies that no representative or agent of the party did not declare, expressly or otherwise, that such party would not, in case of a lawsuit, try to impose this waiver on the right to obtain a jury trial. Each party hereto recognizes that this section is a material incentive for the other party to subscribe to these Use Terms and Conditions.
The Use Terms and Conditions, including all the documents mentioned herein, represent all the understanding between the User and Buobooks, and substitute any prior or current representations and warranties. The titles used in these Use Terms and Conditions are reference only and do not affect the meaning of any term. As used in these Use Terms, “including” means “including, without limitation.”
These terms were last revised on April 7, 2020.