Thanks for using BacktoSchoolSales.net (the "Site", "us,", "we," or "our").
ACCEPTANCE OF AGREEMENT
("Agreement") with respect to our Site. This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
USE OF THIS SITE
This Site or any portion of this Site may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial purpose that is
not expressly permitted us. Our affiliates reserve the right to refuse service,
terminate accounts, and/or cancel orders in its discretion, including, without
limitation, if our affiliate believes that customer conduct violates applicable
law or is harmful to the interests of BacktoSchoolSales.net, our parent company, and/or the
REVIEWS AND COMMENTS
On occasions, we may provide visitors to post reviews, comments, and other
content to the Site. If you post reviews, comments, or other content on the
Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
reviews, comments, or other content throughout the world in any media. You also
grant us and our affiliates and sublicensees the right to use the name that you
submit with any review, comment, or other content, if any, in connection with
such review, comment, or other content. You represent and warrant that you own
or otherwise control all of the rights to the reviews, comments and other
content that you post on this Site and that use of your reviews, comments, or
other content by us and our affiliates will not infringe upon or violate the
rights of any third party.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
EDITING, DELETING, AND MODIFICATION
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff, advertisers, product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given
to you to obtain information or documents is not transferable.
DISCLAIMER AND LIMITS
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE
PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR ENTER
INTO ANY ATTORNEY-CLIENT RELATIONSHIP.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE ZERO.
USE OF INFORMATION
We reserve the right, and you authorize us, to the use and assignment of all
information regarding the Site uses by you and all information provided by you in
graphics, or other information communicated by you to us through the Site
(collectively, the "Submission") will forever be the property of BacktoSchoolSales.net. We
will not be required to treat any Submission as confidential, and will not be
liable for any ideas for its business (including without limitation, product,
service or advertising ideas) and will not incur any liability as a result of
any similarities that may appear in future BacktoSchoolSales.net products, services or
operations. Without limitation, BacktoSchoolSales.net will have exclusive ownership of all
present and future existing rights to the Submission of every kind and nature
everywhere. BacktoSchoolSales.net will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not BacktoSchoolSales.net, have full responsibility for the
message, including its legality, reliability, appropriateness, originality, and
We may allow access to or advertise third-party products or service providers
("Merchants") from which you may purchase certain goods or services. You
understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
THIRD-PARTY MERCHANT POLICIES
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that
- (i) any credit information you supply is true and complete,
- (ii) charges incurred by you will be honored by your credit card
- (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
LINKS TO OTHER WEBSITES
The Site contains links to other web sites. We are not responsible for the
content, accuracy or opinions express in such web sites, and such web sites are
not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked web site on the Site does not imply approval or
endorsement of the linked web site by us. If you decide to leave the Site and
access these third-party sites, you do so at your own risk.
PROPOSED PRODUCT AND SERVICE OFFERINGS
All descriptions of proposed products and services are based on assumptions
subject to change and you should not rely on the availability or functionality
of products or services until they are actually offered through the Site. We
reserve the right in its sole discretion to determine how registration and other
promotions will be awarded. This determination includes, without limitation, the
scope, nature and timing of all such awards.
Should any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in
or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
BacktoSchoolSales.net is created and controlled by our parent company in the State of
Iowa, USA. As such, the laws of the State of Iowa will govern these
disclaimers, terms, and conditions, without giving effect to any principles of
conflicts of laws. We reserve the right to make changes to our Site and these
disclaimers, terms, and conditions at any time without notice.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, and software, are the property of
BacktoSchoolSales.net, our owner, affiliates or respective owner.
BacktoSchoolSales.net is a trademark or registered trademark in the United States and
other countries. Our trademarks may not be used in connection with any
product or service that is not ours, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits us.
All other trademarks not owned by us or our affiliates that appear on the Site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by us or its affiliates.
All pictures contained on any page herein were collected freely from the
internet or users and are believed to be public domain. If you are the owner of
any of the images that appear on this Site, or if you believe that your work has
been copied in a way that constitutes copyright infringement, please follow our
Notice and Procedure for Making Claims of Copyright Infringement below.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our copyright agent the written
information specified below.
Please note that this procedure is exclusively for notifying us and its
affiliates that your copyrighted material has been infringed.
- A physical signature of the owner, lawyer or person authorized to act on behalf of the owner of the copyright interest;
- A description or photograph of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located, the web site, and web address;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- Legal documents stating you own the rights if trademark infringement is applicable.
DMCA/Copyright Agent, MS #77
9450 SW Gemini Dr #62136
Beaverton, OR 97008-7105
Please allow 30 days for a response.
All claims received by mail or delivery including but not limited to by postal mail, delivery company, electronically, telephone or facsimile to the mailing address, email address, telephone or facsimile number obtained from domain registrars, or domain registration WHOIS page will be considered NOT RECEIVED, void and without merit regardless if a response was read, replied to, or mail or delivery was including but not limited tracked by delivery confirmations, signed upon delivery, or proof of delivery.
All mail or packages sent and received that is not properly labeled, including but not limited to Company Name, Care of, Mail Stop, Street Address, Suite Number, City, State and Zip, will be considered NOT RECEIVED if the Company, Care Of, Department, Suite, person, group or department on the label cannot be determined upon initial delivery, regardless of delivery method, including but not limited to proof of delivery, delivery confirmations, signature required, or signed upon delivery. BacktoSchoolSales.net or parent company is not responsible for late, misdirected, misdelivered, or undelivered mail or incorrect addressees, or labeling, other than listed on this page.