We can be reached via e-mail at: fyilibrarysue@yahoo.com
Privacy Statement
For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address. We collect the e-mail address of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for individual consumer and used by us to contact consumers for marketing purposes.
If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail, calling or writing, and telling us that you do not want to receive e-mail from our company.
Security Statement
Protecting
your information

The Personal Customer Information you provide -- including your credit
card information -- to create and access an account with us and to make
purchases from us is secured using industry standard e-commerce security
technology such as Secure Sockets Layer (SSL) encryption technology. We use
this SSL technology to prevent such information from being intercepted and read
as it is transmitted over the Internet. The encrypted data goes to a secure
site where your information is stored on restricted-access computers located at
restricted-access sites.

Remember
to sign out

To further prevent unauthorized access to your account, remember that, after
you sign in, you should sign out once you have (i) completed your transaction,
(i) completed managing your account, or (iii) decided to step away from your
computer. Anyone who accesses your computer after you have signed in but before
you have either signed out or your session has timed-out can access your
account.


Safe Shopping Guarantee

Under federal law, a credit card issuer cannot make you liable for charges in
excess of $50.00 that result from the unauthorized use of your credit card.
There are similar federal laws that relate to debit cards. Exceptions do apply,
and you will have to comply with the rules of your credit card or debit card issuer,
so please contact your card issuer for further details.
If a credit card or debit card issuer assesses you a fee because of the
unauthorized use of your credit card or debit card on our site, FYI Discounted
Books will reimburse you for such amount up to $50.00. Please contact our
Customer Service for details.
Please be advised, as we state in greater detail in our Terms
of Use, we do not guarantee the continuous, uninterrupted or secure access
to the FYI Discounted Books site because the operation of the FYI Discounted
Books website may be interfered with by numerous factors outside of our
control.


Alternative customer purchasing options

If you do not feel comfortable sending your credit card information to us over
the Internet, you still can shop with us. We welcome you to call us to complete
your purchase by phone by calling: 314-781-9944. You can also fax your orders
to the following number: 888-750-4585.


Terms of Use Statement
You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.
FYI
Discounted Books Sales Terms of Use
Welcome to the FYI Discounted Books website (the "FYI Discounted Books
Site"), a website owned and operated by FYI Library Sales.
The terms and conditions stated below, along with the policies and guidelines
located throughout the FYI Discounted Books Site (collectively herein the
"Terms of Use") identify what users of the FYI Discounted
Books Site (each a "User") can expect from FYI Discounted
Books, FYI Discounted Books Providers (as defined below) and the FYI Discounted
Books Site and what we expect from Users. By visiting any area on the FYI
Discounted Books Site or making a purchase via the FYI Discounted Books Site, a
User is deemed to have accepted the Terms of Use.
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I.
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ONLINE CONDUCT
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II.
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LICENSES AND RESTRICTIONS
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III.
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TRADEMARKS
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IV.
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CONTENT
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V.
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EXPORT
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VI.
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PRICES
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VII.
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RISK OF LOSS
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VIII.
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PRODUCT DESCRIPTIONS
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IX.
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AGE OF USERS
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X.
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TERMINATION OF USAGE
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XI.
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INDEMNITY
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XII.
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PASSWORD AND ACCOUNT SECURITY
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XIII.
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NOTICES
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XIV.
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DISCLAIMERS AND LIMITATION OF
LIABILITY
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XV.
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SEVERABILITY
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XVI.
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APPLICABLE LAW; JURISDICTION
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XVII.
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DISPUTE RESOLUTION
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XVIII.
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ADDITIONAL TERMS AND
CONDITIONS
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XIX.
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ACKNOWLEDGMENT
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XX.
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MODIFICATION
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I. ONLINE CONDUCT
User agrees to use the FYI Discounted Books Site only for lawful purposes. User
is prohibited from posting on or transmitting through the FYI Discounted Books
Site any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law.
If FYI Discounted Books is notified of any book, information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other material
on the FYI Discounted Books Site (collectively "Content")
provided by User (e.g., through an author chat or online review) that is
allegedly infringing, defamatory, damaging, illegal, or offensive, FYI
Discounted Books may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such Content from the FYI
Discounted Books Site. FYI Discounted Books may disclose any Content or
electronic communication of any kind (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary or appropriate to
operate the FYI Discounted Books Site; or (iii) to protect the rights or
property of FYI Discounted Books and its officers, directors, employees,
agents, third-party content providers, merchants, sponsors, and licensors
(collectively, "FYI Discounted Books Providers") and any other
User.
FYI Discounted Books reserves the right to prohibit or restrict conduct,
communication, or Content that FYI Discounted Books deems in its sole
discretion to be harmful to Users, FYI Discounted Books, FYI Discounted Books
affiliates, the FYI Discounted Books Site, the communities that make up the FYI
Discounted Books Site, or any third party, or to violate any applicable law.
Notwithstanding the foregoing, no FYI Discounted Books Provider can ensure
prompt removal of questionable Content after online posting. Accordingly, no FYI
Discounted Books Provider shall assume liability for any action or inaction
with respect to conduct, communication, or Content of any third party on the FYI
Discounted Books Site.
II. LICENSES AND RESTRICTIONS
FYI Discounted Books grants the User a limited, nonexclusive, revocable license
to access and make personal, non-commercial use (unless User has a business
relationship with FYI Discounted Books) of the FYI Discounted Books Site. FYI
Discounted Books further grants the User a limited, nonexclusive and revocable
right to create a hyperlink to the home page of FYI Discounted Books so long as
the link does not portray FYI Discounted Books, its affiliates, or their
respective products or services in a false, misleading, derogatory, or
otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching),
reproduce, copy, or resell the FYI Discounted Books Site, the Content or
any portion or derivative thereof;
- commercially use the FYI Discounted Books Site,
the Content or any portion derivative thereof (unless User has a business
relationship with FYI Discounted Books);
- copy or download any User's account information
for the benefit of any third party;
- enable high volume, automated, electronic
processes that apply to the FYI Discounted Books Site or its systems;
- use any robot, spider, data miner, scraper or
other automated means to access the FYI Discounted Books Site or its
systems for any purpose;
- interfere or attempt to interfere with the
proper working of the FYI Discounted Books Site;
- bypass any FYI Discounted Books measures used to
prevent or restrict access to any portion of the FYI Discounted Books
Site;
- frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of FYI Discounted Books;
- use FYI Discounted Books name, trademarks,
services marks or logos in any meta tags or any other "hidden
text" or
- compile, repackage, disseminate or otherwise use
data extracted from the FYI Discounted Books Site.
The
foregoing are expressly prohibited; the right to do any of the foregoing shall
require FYI Discounted Books's express written consent (which may include a
written agreement signed by an authorized representative of FYI Discounted
Books). Any unauthorized use of the FYI Discounted Books Site, the Content or
any portion or derivative thereof shall terminate any license or permission
granted by FYI Discounted Books.
III. TRADEMARKS
FYI Discounted Books and Endurance Bound Books are service marks of FYI
Discounted Books or its licensor. All rights are reserved. These and other
graphics, logos, service marks, trademarks and trade dress of FYI Discounted
Books and its licensors used on the FYI Discounted Books Site may not be used
without prior written consent of FYI Discounted Books or its licensor, as the
case may be. Without limiting the foregoing, no FYI Discounted Books trademark
or trade dress may be used in connection with any product or service that is
not FYI Discounted Books's, in any manner that is likely to cause confusion
among Users, or in any manner that disparages or discredits FYI Discounted
Books.
IV. CONTENT
Proprietary Rights
User acknowledges that the FYI Discounted Books Site contains Content that are
protected by copyrights, trademarks, trade secrets, or other proprietary
rights, and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S.
copyright laws, and FYI Discounted Books owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. User may not
modify, remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit any of
the Content, in whole or in part. If no specific restrictions are displayed,
Users may make copies of select portions of the Content, provided that the
copies are made only for User's personal use and that User maintains any
notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S.
copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the copyright
or other propriety right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement accompanying such
software.
Submission of Third-Party Content
Except as set forth in the paragraph headed "Proprietary Rights"
above, User may upload to or otherwise submit to FYI Discounted Books for
distribution on the FYI Discounted Books Site only (i) Content that is not
subject to any copyright or other proprietary rights restrictions; (ii) Content
in which the owner or licensor has given express authorization for FYI
Discounted Books to distribute over the Internet; or (iii) Content that does
not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information ("Harmful Content"). Any copyrighted or
other proprietary Content distributed with the consent of a copyright owner
should contain a phrase such as "Copyright, owned by [name of owner]; used
by permission." FYI Discounted Books is entitled to presume that all
submitted Content conforms with the foregoing requirements. The unauthorized
submission of copyrighted or other proprietary Content is illegal and could
subject the User to personal liability for damages in a civil suit as well as
criminal prosecution. User will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any other harm
arising from an unauthorized submission or submission of Harmful Content. No FYI
Discounted Books Provider will assume any liability for any damage resulting
from any infringement of copyrights or proprietary rights, or from any other
harm arising from any User submission including without limitation submission
of Harmful Content. In accordance with the Digital Millennium Copyright Act,
any User or other person can report an infringement to FYI Discounted Books at fyilibrarysales@charterinternet.com
. By
submitting Content to any User-submit areas, including, without limitation, any
User book reviews or participation in any author chats, User automatically
grants, or represents and warrants that the owner or authorized licensor of
such Content has expressly granted FYI Discounted Books, the royalty-free,
perpetual, irrevocable, right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in part
worldwide and/or to incorporate such Content in other works in any form, media,
or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. Subject to this grant, the licensor
of Content submitted to FYI Discounted Books retains any and all rights which
may exist in such Content.
Third-Party Content
FYI Discounted Books is a distributor and not a publisher of Content supplied
by third parties and Users. FYI Discounted Books has no more editorial control
over such Content than does a public library or newsstand in the United States.
Any opinions, advice, statements, services, offers, or other information that
constitutes part of Content expressed or made available by third parties,
including any other User, are those of the respective authors or distributors
and not of FYI Discounted Books or any FYI Discounted Books Provider, unless
expressly stated otherwise. Neither FYI Discounted Books nor any FYI Discounted
Books Provider makes any representation, warranty or guarantee on the accuracy,
completeness, or usefulness of any third party Content unless otherwise
expressly stated. In many instances, the Content available through the FYI
Discounted Books Site represents the opinions and judgments of the third party
that provides such Content. Under no circumstance shall either FYI Discounted
Books or any FYI Discounted Books Provider be liable for any loss, damage or
harm caused by a User's reliance on information obtained through the FYI
Discounted Books Site. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of the information, opinion, advice, or
Content available through the FYI Discounted Books Site.
V. EXPORT
The U.S. export control laws
regulate the export and re-export of technology originating in the United States.
This includes the electronic transmission of information and software to
foreign countries and to certain foreign nationals. User agrees to abide by
these laws and their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act -- and not to transfer, by
electronic transmission or otherwise, any Content derived from the FYI
Discounted Books Site to either a foreign national or a foreign destination in
violation of such laws and regulations.
VI. PRICES
The price for an item on the FYI Discounted Books Site may differ from the
price shown in a User's shopping cart -- it is possible that such price may
increase or decrease between the time the item is placed in a shopping cart and
the time that the purchase is actually made. On rare occasions, an item may be
priced incorrectly on the FYI Discounted Books Site. If the price for the item
on the FYI Discounted Books Site is incorrect and is actually higher than the
price provided at the time of purchase, then, at the sole discretion of FYI
Discounted Books, FYI Discounted Books may either (i) contact the User for
instructions before shipping the item or charging the User for such item; (ii)
cancel the order for such item and notify the User of such cancellation; or
(iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and
shipped by FYI Discounted Books. Any purchases from any third-party sellers on
the FYI Discounted Books Site (e.g., sellers of products provided via FYI
Discounted Books may be subject to
different policies in the event of an incorrectly priced item.
VII. RISK OF LOSS
The risk of loss and title for all items purchased via the FYI Discounted Books
Site pass to the User upon delivery of the item to the carrier.
VIII. PRODUCT DESCRIPTION
The items offered for sale on the FYI Discounted Books contain descriptions
that are provided directly by the publisher, manufacturer or distributor of
such item. FYI Discounted Books does not represent or warrant that the description
of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM FYI
DISCOUNTED BOOKS THAT IS NOT IS NOT
AS DESCRIBED ON THE FYI
DISCOUNTED BOOKS SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH
ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
IX. AGE OF USERS
FYI Discounted Books does not intend the FYI Discounted Books Site to be used
by individuals under the age of 18 (a "Minor") without the
supervision of a parent or guardian 18 years of age or older (a "Guardian").
FYI Discounted Books relies upon Guardians to determine if any Content or items
available on the FYI Discounted Books Site is appropriate for the viewing,
access or purchase by such Minors. If a User is a Minor, such Minor may use the
FYI Discounted Books Site only under the supervision of Guardian.
X. TERMINATION OF USAGE
FYI Discounted Books may issue a warning, temporarily suspend, indefinitely
suspend or terminate any User's right to use or access all or any part of the FYI
Discounted Books Site including any account thereon, without notice, for any
reason in FYI Discounted Books's sole discretion, including without limitation FYI
Discounted Books's belief that such access would violate any applicable law or
would be harmful to the interests of, or potentially cause financial loss or
legal liability to, FYI Discounted Books, any FYI Discounted Books Provider or
another User.
In cases which FYI Discounted Books deems in its sole discretion to be
egregious, FYI Discounted Books may provide written notice (a "Restriction
Notice") to a User (a "Restricted User") to inform
such Restricted User that (i) his or her right to use or access any part of the
FYI Discounted Books Site has been terminated including the right use, access
or create any account thereon; (ii) that FYI Discounted Books refuses to
provide any services to such Restricted User; and (iii) any subsequent dealings
with FYI Discounted Books will be subject to the following conditions:
- Orders placed by a Restricted
User ("Restricted Order") after the effective date
specified in the Restriction Notice (the "Restriction Effective
Date") shall be subject to cancellation.
- FYI Discounted Books will
assess the Restricted User an administrative fee (the "Administrative
Fee") set forth in the Restriction Notice for each Restricted
Order submitted by the Restricted User after the Restriction Effective
Date, regardless of whether the Restricted Order was fulfilled or
cancelled. The Administrative Fee will equal an amount not less than $5.00
and will reflect the costs of handling any Restricted Order and of
handling any personal or telephonic contact made by the Restricted User
after the Restriction Effective Date.
- FYI Discounted Books shall be entitled to (1)
charge the Administrative Fee against the payment method either used by
the Restricted User to place the Restricted Order or stored by the
Restricted User in the unauthorized account (e.g., credit card or FYI
Discounted Books Gift Card) or (2) seek a judgment against the Restricted
User for payment thereof.
Other
conditions may apply and shall be set forth in the Restriction Notice.
User agrees that FYI Discounted Books shall be entitled to assess such
Administrative Fee, to charge such payment method and to seek such judgment.
XI. INDEMNITY
User agrees to indemnify and hold each FYI Discounted Books Provider harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of such User's breach of the Terms of Use or
User's violation of any law or the rights of a third party.
XII. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the FYI Discounted Books Site is responsible
for (i) keeping his or her account password confidential and secured, (ii)
restricting access to such User's computer; and (iii) keeping the e-mail
address associated with that account current (User acknowledges that it is
important to keep the e-mail address associated with his or her account current
because although the User may be able to log into his or her FYI Discounted
Books account using an old e-mail address, such User will not receive messages
from FYI Discounted Books about his or her orders and inquiries or other
matters).
User accepts full responsibility for all activities that occur within such
User's FYI Discounted Books account.
XIII. NOTICES
User consents to receive electronic communications from FYI Discounted Books,
whether addressed to the e-mail address associated with such User's FYI
Discounted Books account or posted on the FYI Discounted Books Site. User
acknowledges and agrees that any communication via e-mail or by postings on
this FYI Discounted Books Site satisfies any legal requirement that such
communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
THE FYI DISCOUNTED BOOKS SITE IS PROVIDED BY FYI DISCOUNTED BOOKS ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, EACH FYI DISCOUNTED BOOKS PROVIDER DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO FYI DISCOUNTED BOOKS PROVIDER MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE
OPERATION OF THE FYI DISCOUNTED BOOKS SITE, OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE FYI DISCOUNTED BOOKS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR
CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH
THE FYI DISCOUNTED BOOKS SITE; OR (IV) THAT THE FYI DISCOUNTED BOOKS SITE, ITS
SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF FYI DISCOUNTED BOOKS ARE FREE OF
VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
FYI DISCOUNTED BOOKS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE
ACCESS TO THE FYI DISCOUNTED BOOKS SITE OR ANY RELATED SERVICES. THE OPERATION
OF THE FYI DISCOUNTED BOOKS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE THE CONTROL OF FYI DISCOUNTED BOOKS.
UNDER NO CIRCUMSTANCES SHALL ANY FYI DISCOUNTED BOOKS PROVIDER BE LIABLE FOR
ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FYI DISCOUNTED
BOOKS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION
OBTAINED FROM THE FYI DISCOUNTED BOOKS SITE OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO FYI DISCOUNTED BOOKS'S RECORDS, PROGRAMS, OR SERVICES. USER
HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE FYI DISCOUNTED BOOKS SITE.
NO FYI DISCOUNTED BOOKS PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE FYI DISCOUNTED
BOOKS SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH FYI
DISCOUNTED BOOKS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
XV. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any applicable jurisdiction, such
provision shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction.
XVI. APPLICABLE LAW; JURISDICTION
The FYI Discounted Books Site is created and controlled by FYI Discounted Books
in the State of New York.
The laws of the State of New York
will govern the Terms of Use, without giving effect to any principles of
conflicts of laws.
Each of FYI Discounted Books and User agrees to submit to the nonexclusive
personal jurisdiction of the courts located within New York County, New York
and waives any objection to the laying of venue of any litigation in said
courts.
XVII. DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of
Use, the FYI Discounted Books Site or any FYI Discounted Books service (each a
"Claim") where the total amount of the award sought is less
than $10,000 (excluding Claims for injunctive or other equitable relief), User
or FYI Discounted Books may elect to resolve the dispute through binding
arbitration conducted by telephone, on-line or based solely upon written
submissions where no in-person appearance is required. In such cases, the
arbitration shall be administered by the American Arbitration Association under
its Commercial Arbitration Rules (including without limitation the
Supplementary Procedures for Consumer-Related Disputes, if applicable), and
judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other equitable
relief) may be adjudicated by a court of competent jurisdiction located in New
York County, New York or in the United States county where the defendant is
located (in the case of FYI Discounted Books, New York County, New York, and in
the User's case either in the county of such User's home address or principal
place of business, or if such address is not located in the United States, then
in New York County, New York).
Any Claim shall be arbitrated or litigated, as the case may be, on an
individual basis and shall not be consolidated with any Claim of any other
party whether through class action proceedings, class arbitration proceedings
or otherwise.
XVIII. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the FYI
Discounted Books Site, the following policies are incorporated into the Terms
of Use:
- Privacy and Security Policies http://www.fyilibrarysales.com/privacy.html (also accessible via a link on
the bottom of the FYI Discounted Books Site pages)
XIX. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the
entire understanding between User and FYI Discounted Books regarding User's
relationship with FYI Discounted Books and supersedes any prior statements or
representations. Headings used in the Terms of Use are for reference only and
shall not affect the meaning of any terms. By visiting any area on the FYI
Discounted Books Site or making a purchase via the FYI Discounted Books Site, a
User is deemed to have accepted the Terms of Use.
XX. MODIFICATION
FYI Discounted Books reserves the right to make changes to the FYI Discounted
Books Site, posted policies and Terms of Use at any time without notice. These
terms and conditions were last revised on May 8, 2006.