Terms & Conditions
Website owner, the offering, and binding of Terms
This Website is owned and operated by Ware Malcomb. These Terms set forth the terms and conditions under which you may use our Website and services as offered by us. This Website offers visitors books for sale and associated products. By accessing or using the Website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
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Who can use your Website; what are the requirements to create an account
To use our Website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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Key Commercial Terms offered to customers.
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When buying an item, you agree that (i) you are responsible for reading the total item listing before committing to buy it, (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the Website. We reserve the right to change our prices for products displayed at any time and correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The service fee and any other charges you may incur with using the service, such as taxes and possible transaction fees, will be charged to your payment method.
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Return and refund policy
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Returns and refunds are not offered on any products.
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Retention of right to change offering
Without prior notice, we may change the service providing them or any features of them or create limits on them. We may also permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or no reason.
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Ownership of intellectual property, copyrights and logos
The service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related to it, are the exclusive property of Ware Malcomb. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works.
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You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You consent to display the uploaded/transferred content on the Website publicly.
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Right to suspend or cancel the user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and any services.
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Indemnification
You agree to indemnify and hold Ware Malcomb harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.
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Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Ware Malcomb be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Ware Malcomb assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to or use of our services; and (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein.
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Right to change and modify Terms.
We reserve the right to modify these terms occasionally at our sole discretion. Therefore, you should review these pages periodically. When we materially change the Terms, we will notify you of material changes. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Website or the service.
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Promotional emails and content
You agree to receive promotional messages and materials from us occasionally by mail, email, or any other contact form you may provide (including your phone number for calls or text messages). Please notify us anytime if you don’t want to receive such promotional materials or notices.
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Preference for law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any claims and disputes related hereto and/or to the services shall be governed by, construed under, and enforced in all respects solely and exclusively by the internal substantive laws of California, without regard to its conflict of laws principles. Any such claims and disputes shall be brought in, and you now consent to them being decided exclusively by a court of competent jurisdiction in the City of Irvine in the County of Orange. The application of the United Nations Convention of Contracts for the International Sale of Goods is, at this moment, expressly excluded.