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Terms
And Conditions
Welcome
to the user agreement (the "Agreement" or "User Agreement") for BestChoiceForEbooks.com
(BCE). This Agreement describes the terms and conditions applicable to your
use of our products and services. If you do not agree to be bound by the terms
and conditions of this Agreement, you are not permitted to access our website,
resources, or services. BCE may be used interchangeably throughout this User
Agreement. The terms "we", "ours", or "us" may be used interchangeably throughout
this agreement and refer to BCE. You must read, agree with and accept all of
the terms and conditions contained in this User Agreement and the Privacy Policy,
which include those terms and conditions expressly set out below and those incorporated
by reference, before you may become a member of BCE.
We
may amend this Agreement at any time by posting the amended terms on our website.
Except as stated below, all amended terms shall automatically be effective 30
days after they are initially posted on the site.
Copyrighted
Materials: This web site, and materials contained within, are subject
to the protection of USA and International copyright laws. Users may not reproduce
any of these materials without the prior written permission of BCE.
Licensing
Restrictions: Users agree to abide by any and all licensing rules or
restrictions that have been created by the owners of the works contained within
the BCE website. BCE does not create or enforce any minimum or maximum sales
prices. Any figures presented are only offered as suggested retail prices.
Minimum
Age: Services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing, our
services are not available to minors. You must be AT LEAST 18 years old to access
the BCE website, resources, and services.
Liability:
In no event shall BCE be liable for any punitive, special, direct, indirect,
incidental, or consequential damages, whether arising under contract, warranty,
or tort (including negligence or strict liability) or any other theory of liability.
Applicable law may not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion may not apply
to you. BCE's liability for damages, regardless of the form of the action, shall
not exceed the fee paid for the product. We cannot be held responsible for factors
beyond our control that may interfere with our ability to provide access to
our website. Such factors include, but are not limited to server downtime, password/verification
problems, or network outages beyond our servers. BCE does not warrant that the
functions contained in the materials, resources or services offered will be
uninterrupted or error-free, that defects will be corrected, or that this site
are free of viruses or other harmful elements. In no event will BCE be liable
to any party for any direct, indirect, punitive, special, incidental or other
consequential damages arising directly or indirectly from any use of the products
or resources contained within the BCE website. All products and resources are
provided "as is" and without warranties.
Passwords/User
ID's: Users agree that they will NOT share or distribute their login
information by email, word of mouth, Usenet, Internet or any other method. BCE
can, at their sole discretion , terminate membership without notice or refund,
any user that shares or distributes login information. BCE does not have access
to private password information and therefore cannot/will not be able to supply
it to you. You can however, have you're password emailed to you from our system
by using the "Recover Password" feature.
Termination:
These Terms of Use are effective until terminated by either party. You may terminate
these Terms of Use by destroying all copies and installations of products and
services obtained from us. The agreement will automatically and immediately
terminate without notice should you violate any terms of this agreement. Violating
our Terms Of Use, Copyrights, or any of our licensing restrictions, will result
in termination of membership, and forfeiture of all reseller licenses, without
notice or refund. Users agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding use of the BCE website.
Additionally, users agree to abide by any and all licensing rules or restrictions
that have been created by the owners of the works contained within the BCE website.
Furthermore, Use of this website constitutes acceptance of the Legal Agreement
and Terms Of Use.
Warranties:
BCE makes NO WARRANTEES express or implied and specifically does not warrant
FITNESS FOR SPECIFIC PURPOSE or WARRANTY OF MERCHANTABILITY of any product or
service.
Venue:
The USER expressly agrees that this agreement are to be interpreted and enforced
under the laws of the province of Nova Scotia and of Canada and FURTHER AGREE
that the sole and only venue and jurisdiction for any action under the terms
of this agreement shall be in the County of Cape Breton and province of Nova
Scotia. USER expressly consents to the personal jurisdiction of Provincial and
Federal Courts for said country and province for any and all actions, including
injunctive relief, arising under the terms and conditions of this agreement
or by use of any software product contained in BCE now or hereafter.
Communications
from BCE: By joining BCE, you give us permission to contact you periodically
via email with regards to your membership. If you wish to no longer receive
communications from us, you will need to cancel your membership. If any provision
of this agreement is void or unenforceable in whole or in part, the remaining
provisions of this Agreement shall not be affected thereby. BCE reserves the
right to amend this agreement at any time.
Terms
Of Use For Our Affiliate Program
If
you edit any of our sales material, or create your own, it must first be approved
by us. When promoting the BCE affiliate program, affiliates must adhere to our
strict NO SPAM guidelines as stated below. Affiliates must also promote the
BCE website in a legal and ethical manner. Affiliates must follow all other
terms and conditions as outlined in the user agreement. Failure to do so will
result in removal from the program.
Affiliate
Commissions are paid on an aggregate payout of $25.00 CDN per month. If affiliate
commissions have not reached the aggregate limit, commissions will be carried
over until payout is reached or end of each calendar year (December 31st), then
all accounts are settled, and outstanding balances are paid to the affiliate.
Any
action brought by the Federal Trade Commission or other public prosecutorial
agency against a user or affiliate for alleged violations of regulations for
internet or mail order sales, or commercial email will be automatic grounds
for termination of the affiliate's account.
You
must follow our Anti-Spam guidelines below and those set for in the CAN SPAM
ACT of 2003. Failure to follow these guidelines will be cause for removal from
the bce Referral Program.
Terms
of Use regarding the BCE affiliate program are subject to change. Any changes
shall be posted here.
Strict
No SPAM Policy
PLEASE
DO NOT use our services to send any sort of spam communications! SPAM shall
include, but is not limited to, the sending of any electronic mail message with
the primary purpose of which is the commercial advertisement or promotion of
a commercial product or service (including content on an Internet website operated
for a commercial purpose). The term `commercial electronic mail message' does
not include a transactional or relationship message.
DO
NOT include ANY reference to BCE in any such correspondence...PERIOD! Anyone
reported to BCE for sending SPAM will be immediately reported to the FTC for
violation of the CAN SPAM act of 2003.
In
addition, DO NOT use the BCE name or brand in any type of correspondence to
third party mailing or 'opt in' lists, harvested email lists, safelists, newsgroups,
forums, "faxblasts", or any other form of communication that has been labeled
as illegal by the CAN SPAM law.
Any
BCE member/affiliate/user that uses SPAM in any relation with the BCE website
shall have their memberships terminated immediately, will forfeit any affiliate
commissions, will be reported to the FTC for the abuse, and will be held both
legally and financially responsible for their actions. BCE reserves the right
to amend this agreement at any time. |