TERMS OF USE AGREEMENT 

Welcome to our website.  We are Preview the Book, LLC, a New Mexico corporation, and we maintain this website as a service to our customers.  By using our site, you are agreeing to comply with and be bound by the following terms of use.  Please review the following terms carefully.  If you do not agree to these terms, you should not review information or obtain any goods or services from this site.

 1. ACCEPTANCE OF AGREEMENTYou agree to the terms and conditions outlined in this Terms of Use Agreement (‘Agreement’) with respect to our Web site (‘Site’) and any other Preview the Book services or software, websites, or any of Preview the Book’s licensees’ services or software (collectively ‘Services’).  You agree that you have read, understand and agree to be bound by this Agreement.  If you do not agree to be bound by this Agreement, do not access or use any part of the Site or the Services. 

PREVIEW THE BOOK RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN PREVIEW THE BOOK’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE PREVIEW THE BOOK WEBSITE.

 

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.

 

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of Preview the Book’s website(s), you warrant to Preview the Book that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of Preview the Book. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Preview the Book in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. In addition, you may not use Preview the Book’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

 

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

 Preview the Book’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Preview the Book’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Preview the Book’s websites. 

5. PROPRIETARY INFORMATION

 

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Preview the Book (the "Content") is the proprietary information of Preview the Book or the party that provided or licensed the Content to Preview the Book, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Preview the Book, except that you may print out one copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content, except as expressly provided in these Terms of Use, violates the intellectual property rights of Preview the Book or other copyright owner.  Neither title nor intellectual property rights are transferred to you by access to this site.

 

6. HYPERLINKS

 This site may be hyperlinked to other sites which are not maintained by, or related to, Preview the Book. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Preview the Book. Preview the Book has not reviewed any or all of such sites and is not responsible for the content of those sites. Preview the Book is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user's own risk, and Preview the Book makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Preview the Book provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Preview the Book of that site or any association with its operators.Third-Party Services.  We allow access to or advertise third-party merchant sites ("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.  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 your site.  Third-Party Merchant Policies.  All rules, policies (including any 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 Merchants are independent contractors and neither party has authority to make representations or commitments on behalf of the other."If you decide to leave our website and access any of these third-party sites, you do so at your own risk.

7. USE OF COMMUNICATION SERVICES

 

Preview the Book’s websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

 

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity), for which you do not have written permission from the owner to post;

ii) advocates illegal activity or discusses an intent to commit an illegal act;

iii) is vulgar, obscene, pornographic, or indecent;

iv) does not pertain directly to this site;

v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

viii) violates any law or may be considered to violate any law;

ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

xii) solicits funds, advertisers or sponsors;

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

xv) includes MP3 format files;

xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;

xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site;

xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above; or

xix) is likely to be critical to personal health or safety (by way of illustration and not limitation, the Communication Services may not be used in medical diagnostic applications).

 

Preview the Book has the sole discretion to monitor or to not monitor use of this site to determine compliance with these content restrictions, and has the right to remove or refuse any information for any reason. Preview the Book reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Preview the Book also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

 

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Preview the Book nor any third party that provides Content to Preview the Book will assume or have any liability for any action or inaction by Preview the Book or such third party with respect to any submission. Preview the Book cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Preview the Book does not control or endorse the content, messages or information found in any Communication Service and, consequently, Preview the Book specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Preview the Book spokespersons, and their views do not necessarily reflect those of Preview the Book.

 

8. SUBMISSIONS

 

You hereby grant to Preview the Book the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information you submit to public areas of any Preview the Book website (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Preview the Book will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Preview the Book operations.

 

Preview the Book will treat any personal information that you submit through this site in accordance with its Privacy Policy. 

 

9. DISCLAIMER

 

You understand that Preview the Book cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Preview the Book does not assume any responsibility or risk for your use of the Internet.

 

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Preview the Book.

 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR DESIRED RESULTS. THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Preview the Book DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PREVIEW THE BOOK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE OR ANY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PREVIEW THE BOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT AND THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PREVIEW THE BOOK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PREVIEW THE BOOK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT OR SERVICES. PREVIEW THE BOOK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT OR SERVICES.

 

10. LIMITATION ON LIABILITY

 

PREVIEW THE BOOK, ITS OWNERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PREVIEW THE BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PREVIEW THE BOOK AND ITS OWNERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ANY AMOUNT YOU HAVE PAID TO PREVIEW THE BOOK FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY IS CLAIMED TO ARISE.

  

11. TERMINATION OR RESTRICTION OF ACCESS

 

Preview the Book reserves the right, in its sole discretion, to prevent, prohibit, and/or terminate access to any or all of Preview the Book’s websites and the related services or any portion thereof at any time, by anyone, for any reason, and without notice, consistent with applicable law.  You acknowledge that use of the Services is a privilege granted under this Agreement and that your rights to free speech will not be considered abridged in the event that you are denied access to any of the Services.

 

12. INDEMNITY

 You will indemnify and hold Preview the Book, its owners, representatives, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless and will defend the Indemnified Parties from any claims or lawsuits (including attorneys fees, legal costs, judgments, settlements, damages, levies, fines and awards) that arise or result from your use of any of Preview the Book’s Services, regardless whether such claims or lawsuits arise from any breach by you of these Terms of Use.   You have full responsibility to ascertain whether any licenses or permissions are necessary for any of your uses of the Services, or for the contents of any of your Submissions.  You agree to use only those materials, and to provide only those Submissions, for which you have the necessary patent, copyright, and/or other permissions, licenses and/or clearances.   Your agreement to indemnify and defend the Indemnified Parties includes any losses relating to any claims that you have used any materials in violation of another party’s rights, and any claims brought by third parties relating to your use of the information accessed from this site. 

13. TRADEMARKS AND COPYRIGHTS

 The contents of this site are Copyright © 2007 by Preview the Book, LLC.  Also, “Preview the Book,” “Don’t Buy a Book by Its Cover,” Preview the Book for Kids,” and “Your Book is Playing," are all trademarks, service marks and/or trade names of Preview the Book.  All rights are reserved. These and other graphics, logos, service marks, trademarks, trade names and trade dress of Preview the Book and other copyrighted works appearing in this site are the property of Preview the Book or the party that provided the trademarks, services marks, trade names, logos, and copyrighted works to Preview the Book. Preview the Book and any party that provided trademarks, service marks, trade names, logos, and copyrighted works to Preview the Book retain all rights with respect to any of their respective trademarks, service marks, trade names, logos, and copyrighted works appearing in this site.       If you are a copyright owner or are authorized to act on behalf of a copyright owner, and you believe any material on any Preview the Book website infringes on the rights of the owner, please notify our designated agent:                 Linda C. Roybal                1200 E. 33rd St.                 Farmington, NM 87401-2066                Phone: 505.325.2118                Fax: 505.327.7759Email: customersupport@previewthebook.com To be effective, your notification must provide us with information that meets the requirements of applicable law, which are summarized as follows: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) an identification of the copyrighted work or works claimed to have been infringed; (iii) information sufficient to permit us to locate the allegedly infringing material; (iv) information sufficient to permit us to contact you, such as an address, telephone number, or email address; (v) a statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law; (vi) your statement that the information in your notification is accurate; and (vii) your statement that you are authorized to act on behalf of the copyright owner of the allegedly infringed material. 

14. SECURITY

 

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Preview the Book will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Preview the Book considers insecure, Preview the Book will be entitled to require the password to be changed and/or terminate your account.

 

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Preview the Book reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Preview the Book reserves the right to investigate suspected violations of these Terms of Use.

 

Preview the Book reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Preview the Book to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PREVIEW THE BOOK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Preview the Book DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PREVIEW THE BOOK OR LAW ENFORCEMENT AUTHORITIES.

 

15. MISCELLANEOUS

 

These Terms of Use will be governed and interpreted pursuant to the laws of New Mexico, United States of America, notwithstanding any principles of conflicts of law. You agree that this Agreement is considered to be entered into in Farmington, New Mexico.  You specifically consent to personal jurisdiction in New Mexico in connection with any dispute between you and Preview the Book arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Farmington, New Mexico.  You waive all objections to jurisdiction or venue to the extent permitted by law.

 

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Preview the Book as a result of this Agreement or use of Preview the Book’s websites.

 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement, except by prior written consent of Preview the Book, and consent to be given entirely at the discretion of Preview the Book. Any failure of Preview the Book to enforce your strict adherence to any provision of this Agreement does not constitute a waiver of Preview the Book’s right to subsequently enforce such provision or any other provision of this Terms of Use. 16. ENTIRE AGREEMENT 

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and Preview the Book with respect to Preview the Book’s websites.

 
© 2012 The Columbus Group, LLC • All rights reserved.
Terms of UsePrivacy Policy