MFMBOOOKS.COM Customer Agreement
Last Revised March 21, 2009
Thank you for choosing MFMBOOKS.COM for purchasing those much sought after books!
This agreement between you and MFMBOOKS.COM explains how you can use our Web sites and buy books listed on our Web sites. Use of MFMBOOKS.COM Web sites is governed by this agreement. By registering as a MFMBOOKS.COM customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
1. Who is MFMBOOKS.COM?
MFMBOOKS.COM operates a number of Web sites, including but not limited to MFMBooks.com, that allow MFMBOOKS.COM customers ("Customers") to purchase new, out-of-print books and other items such as CDs, VCDs and DVDs (collectively, "Items").
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may be Customers and purchase books through the Web sites. Customers must comply with all applicable laws.
All information submitted by Customers through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.
Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement.
3. How This Works
The Web sites are a marketplace for Booksellers and Customers. Customers buy Items from Booksellers, not from MFMBOOKS.COM. MFMBOOKS.COM only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Customers or Booksellers. MFMBOOKS.COM is not involved in transactions between Customers and Booksellers. Only Customers and Booksellers (not MFMBOOKS.COM) are responsible for all transactions through the Web sites and the terms and conditions of all transactions.
Orders placed through the Web sites are forwarded to the selected Bookseller by electronic mail (e-mail) for acceptance and fulfilment by the Bookseller.
MFMBOOKS.COM accepts payments made by Visa or MasterCard, while the bookseller may accept payments made by other methods. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under Your password. You must immediately notify MFMBOOKS.COM of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. MFMBOOKS.COM is not under any obligation to verify the actual identity or authority of the user of any password.
4. Buying on Behalf of a Third Party
If a Customer places an order on behalf of another person, this third partys contact information must be communicated to the Bookseller, along with the customers information. A bookseller is not required to communicate with the person that an order was placed on behalf of.
If your purchase is delivered damaged, you are eligible for a replacement within 30 days of the estimated delivery date. Refer to the MFMBOOKS.COM 30-Day Returns Policy for details on how to initiate returns.
Please note that no refunds are available for downloaded audio messages. The link for the audio messages will lapse within the stipulated time. No refunds will be given should the customer fail to activate the link before the stipulated time elapses. It is the customers sole responsibility to provide the correct email address to which the link should be forwarded.
If you need to return a book that was purchased on your behalf, the Customer who made the purchase will also have to initiate the return.
6. Misprints and Orders
Although MFMBOOKS.COM strives to provide reliable and current information on the Web sites, misprints or other errors may occur. MFMBOOKS.COM reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to you or any other person.
Items listed on the Web sites are subject to availability, and may not be available when ordered or afterwards.
The Items offered on the Web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Bookseller sends an order acceptance and shipping notice to Your e-mail address.
7. We Respect Your Privacy
8. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since MFMBOOKS.COM is not a party to any transactions through the Web sites, MFMBOOKS.COM does not give any representation or warranty regarding any transactions or any of the Items. MFMBOOKS.COM has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Booksellers to sell Items.
The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by MFMBOOKS.COM to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, MFMBOOKS.COM liability is limited to foreseeable and typical damages. MFMBOOKS.COM will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health.
In no event will MFMBOOKS.COM total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by MFMBOOKS.COM or any person for whom MFMBOOKS.COM is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
9. Legal Claims
For all disputes between MFMBOOKS.COM and you or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, dealings between You and MFMBOOKS.COM, or any related matters or any legal relationship associated therewith or derived there from ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties.
10. How Do You or MFMBOOKS.COM End This Agreement?
You or MFMBOOKS.COM may terminate this Agreement at any time with immediate effect and without any prior notice. MFMBOOKS.COM may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to you or any other person.
If this agreement or your permission to use the Web sites is terminated by You or MFMBOOKS.COM for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of Items through the Web sites and anything connected with, relating to or arising from those matters.
11. Changes to Web sites, Policies and Procedures, and this Agreement
MFMBOOKS.COM may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person.
MFMBOOKS.COM may, in its discretion, change, and supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any MFMBOOKS.COM policies or procedures.
You and MFMBOOKS.COM have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Thank you for visiting MFMBOOKS.COM. We look forward to serving you as a valued customer.
Enjoy Your Books!
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