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Restrictions
on Use
By accessing or using this Site, you agree
to the terms set forth in these Terms of Use which constitute an
agreement
between you and
Barbara's Bookstore. If you do not agree with the Terms of Use, you
should leave the Site immediately. Barbara's Bookstore reserves
the right, in its sole discretion, to modify or otherwise update
these
Terms
of Use
at any time and
you agree to be bound by such modifications or updates. You agree
to review these Terms of Use on a periodic basis.
Ownership of Copyright
All content on the site, such as graphics, text, and images,
is owned or licensed by Barbara's Bookstore. You may not
copy,
reproduce,
upload,
post,
distribute,
republish,
retransmit, or modify in any way any
of the material
on this site, including computer code and software. Provided
that you retain any and all copyright, trademark and other
proprietary notices, you may download material for your personal,
non-commercial use.
Exclusion of Liability
YOUR USE OF THIS WEB SITE IS "AS IS", AND BARBARA'S BOOKSTORE MAKES
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE
MATERIAL
CONTAINED
OR REFERRED
TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE
OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, BARBARA'S BOOKSTORE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. BARBARA'S BOOKSTORE FURTHER
DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED
ON SUCH SITE ARE ERROR-FREE, OR THAT
ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM
WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL
CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
BARBARA'S BOOKSTORE OR ANY AFFILIATED COMPANY OR INDIVIDUAL
BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES
ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES
OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE BARBARASBOOKSTORE.COM SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE BARBARASBOOKSTORE.COM
SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BARBARA'S BOOKSTORE RESERVES THE RIGHT
TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE
OF THIS WEB SITE.
Because some states do not permit the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
Links to Other Web Sites
Barbara's Bookstore has provided links with other internet
sites that are maintained by third parties, and may from
time to
time
provide materials from such third party sites on this Web
site. Neither Barbara's Bookstore, its parent, subsidiaries
or affiliates in any way control the material contained on
or
the services
or products offered through such third party sites. These
terms and conditions apply solely to the Barbara's Bookstore
site and you should always review the terms and conditions
of
any site that you access through a link from this site.
Indemnity
You hereby agree to indemnify and hold harmless Barbara's Bookstore from and
against any and all claims, charges, demands, damages, liabilities, losses,
expenses,
and
liabilities of whatever nature and howsoever arising (including, but not limited
to any legal or other professional fees and the costs of defending or prosecuting
any claim and any loss of profit, goodwill, and any other direct or consequential
loss), incurred or suffered by Barbara's Bookstore directly or indirectly by
reason of any act or omission which you commit in breach of these terms and
conditions
and the obligations and warranties contained in them.
Termination
This agreement may be terminated by Barbara's Bookstore at
any time without notice. In the event of termination, you
are
no longer
authorized to have access to the site, and all limitations
on Barbara’s Bookstore liability and on your use of
Barbara's Bookstore material shall survive.
These Terms and Conditions, along with any
additional rules or conditions referred to herein and the Barbara's
Bookstore.com Privacy Policy,
constitute the entire agreement and understanding between you and
Barbara's Bookstore as to your use of the Barbara's Bookstore Web
site, superseding all prior or contemporaneous communications and/or
proposals. These Terms and Conditions are severable, and in the
event any provision is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect
the validity or enforceability of the remaining provisions. A printed
version of these Terms and Conditions shall be admissible in judicial
or administrative proceedings based upon or relating to use of the
Barbara's Bookstore Web site to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form.
Jurisdiction
This site is controlled and operated by Barbara's Bookstore from
its offices in the State of Illinois, United States of America.
Barbara's Bookstore makes
no representations that materials in this site are appropriate
or available for use in other locations. Those who choose to
access this site from other locations do so at their own risk
and are responsible for compliance with any and all local laws,
if and to the extent local laws are applicable.
This agreement
shall be governed by the laws of the State of Illinois without
giving effect to its conflicts of law principles,
and venue shall be in the state or federal courts located
in the State of Illinois. If any provision of this agreement
is deemed unlawful, void or unenforceable, then such provision
shall be severed from the agreement and the remainder of
the agreement shall remain in effect.
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