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Booklister User Agreement
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You have reached our section for publishers and other booklisters, who can drop-ship books through booksXYZ.com at a 15% discount. For more information, click 'Selling Books' on your left.

Booklister User Agreement - Terms of Use

Welcome to the User Agreement for BOOKSXYZ, INC. This Agreement describes the terms and conditions applicable to your use of our services under the domain of booksXYZ.com . If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all terms and conditions contained in this User Agreement, Return Policy, Privacy Policy, and Procedure, which include those terms and conditions expressly set out below and those incorporated by reference, before you become a Booklister with BOOKSXYZ, INC. "User Agreement" refers to all text on this webpage, exclusive of links and pop-up windows, except where expressly noted.

We reserve the right to amend this Agreement at any time and will automatically notify you, the Booklister, via e-mail seven (7) days before the effective date of the amendments. This Agreement may not otherwise be amended except in a writing signed by you and BOOKSXYZ, INC. This Agreement is effective on November 1, 2002.

I. Definitions

A. As used in this agreement, "we", "us", "our", or "BOOKSXYZ, INC" means BOOKSXYZ, INC and/or booksXYZ.com. The terms "you", "your" or "booklister" means the "booklister."

B. "Booklister" means any individual, partnership, corporation or entity who lists one or more books and/or material(s) on the booksXYZ.com website for any of the purposes for which the BOOKSXYZ, INC website was established.

C. "Customer" means any individual, partnership, corporation or entity who desires to purchase a book, books and/or material(s) from any Booklister through the booksXYZ.com website.

D. "Working days" means the days of the week excluding Saturday and Sunday between 8:00 a.m and 5:00 p.m. CST (Central Standard Time), excluding holidays recognized by Louisiana state law.

E. "Material" is defined as text, graphic images, and associated data, in print or electronic format, together with all binding, packaging and other presentational aspects.

F. The definitions of all terms defined elsewhere in this User Agreement apply to the entirety of the User Agreement and to all policies and/or provisions referenced herein.

II. General Provisions

A. This agreement shall not constitute either party as the agent of the other, nor create a partnership, joint venture, or employer-employee relationship between the parties. Booklister acknowledges it has no power to obligate or bind BOOKSXYZ, INC in any manner whatsoever.

B. This agreement shall be construed according to and governed by the laws of the State of Louisiana. Booklister consents to jurisdiction and venue in the courts of Lafayette Parish, Louisiana. In any action arising from this User Agreement between the parties hereto, the prevailing party shall be entitled to its costs and reasonable attorneys fees. If any provision or provisions of this Agreement shall be held to be invalid, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

C. All monetary transactions will be in U.S. dollars only.

III. Terms and Conditions

A. We will implement all services selected by Booklister on services order forms required for Booklister registration on BOOKSXYZ and/or booksXYZ.com.

1. We, however, reserve the right to reject any book(s) and/or material submitted by you. In the case of rejection, all monies supplied by the Booklister associated with rejected transactions and goods will be returned to Booklister.

2. We reserve the right to review any book(s) and/or material listed on our website and to determine, at our discretion, those books and/or materials we deem to be offensive; and we reserve the right to refuse to list and to bar and/or discontinue from our list any book(s) and/or material deemed by us to be offensive.

3. We do not guarantee any given level of audience or results.

B. We are only responsible for advertising and processing orders, including order entry, payment processing, and related customer service as described herein. You, the Booklister, are solely responsible for filling orders, packaging, and shipping and by accepting the terms and conditions of this User Agreement, you also accept the terms and conditions of our Procedure and our Return Policy.

C. You shall not represent yourself as BOOKSXYZ, INC, and you shall not in any way contradict delivery and pricing policies as outlined by us. We limit our product offering to books listed in the BOOKSXYZ, INC database as "trade" at list price. We agree to only list books which will be shipped from within the fifty (50) United States including APO and FPO addresses.

D. We are not responsible for any delay in or failure to perform our duties hereunder due to any occurrence due to force majeure including but not limited to weather conditions, power failure, war, riots, embargoes, strikes, or other concerted acts of workmen or deliverymen (whether of BOOKSXYZ, INC or others), casualties or accidents, or any other causes, or contingencies beyond BOOKSXYZ, INC's control, which prevent or hinder the delivery of any of our obligations.

E. There are no warranties, expressed or implied, of the products or services furnished under this Agreement. BOOKSXYZ, INC disclaims any implied warranty or merchantability or fitness for a particular purpose or software.

F. Reimbursement Policies

1. We will not sell books costing less than or equal to $2.00 (two dollars.) You may, however, list such materials with us for free with links to where they might be purchased.

2. For books costing more than $6.90 (six dollars ninety cents), we agree to pay you 85% of the sale price plus your charged shipping costs. For books costing more than $2.00 (two dollars) but less than or equal to $6.90 (seven dollars), we agree to pay you 60% of the sale price plus your charged shipping costs. See our Return Policy for definitions and related terms and conditions.

3. We agree to pay you no later than twenty working days after shipment of the book(s) to the Customer unless your total sales receipts are less than $50.00 (Fifty dollars), in which case, we will pay you within twenty working days after your confirmed sales have equaled or exceeded $50.00 (Fifty dollars), or on the last day of the first full month after the transaction and within twenty days of said credit, the funds will be credited to your bank account or mailed to you as a check, at our discretion.

G. Duties and Obligations of You, the Booklister

1. You warrant and represent that any book and/or material submitted to BOOKSXYZ, INC, for placement on BOOKSXYZ, INC's website, booksXYZ.com, does not violate any law or infringe the copyrights, trademarks, trade names, or patents of any other person, entity, or corporation, and contains no matter which is libelous, slanderous, an invasion of privacy, an unlawful appropriation of name and likeness, defamation of character, or is otherwise injurious to the rights of any other person, and that you have obtained all necessary consents prior to submission to BOOKSXYZ, INC.

2. You assume liability, jointly and severally, for all content, including, but not limited to, text, representations, and names, of materials submitted for placement on BOOKSXYZ, INC's website. You agree, jointly and severally, to indemnify and hold BOOKSXYZ, INC harmless against any and all claims, losses, liabilities, and expenses, including attorneys' fees and legal expenses resulting from and attributable to the placement of any book(s) and/or materials, submitted by you, on BOOKSXYZ, INC's website.

3. You acknowledge that BOOKSXYZ, INC's website and programs are subject to continuing development, and that such developmental changes may vary the character of BOOKSXYZ, INC's website and programs.

4. You agree that BOOKSXYZ, INC shall not in any way acquire ownership of the book(s) and/or material submitted by you. You are free to pursue any and all publishing ventures, and agree that BOOKSXYZ, INC is only providing services limited to the advertising and sale of your book(s) and/or material including processing orders, order entry, payment processing, and related customer service. BOOKSXYZ, INC assumes no responsibility for editing, misspelling, rewriting, page numbering, indexing, or any other errors in your work.

5. You agree to pay 100% of all shipping costs.

6. You agree that Customers may return any book for any reason within two weeks, or ten (10) working days of receipt if the book is returned in the condition it was received and that returned books will be refunded for the full sale price with both you and us returning our respective shares of the purchase price. Book returns are subject to the terms and provisions of our Return Policy.

7. You agree to represent BOOKSXYZ, INC and your book(s) and/or material(s) submitted to us for listing in a professional manner. However, you agree and acknowledge that this User Agreement shall not constitute either party as the agent of the other, nor create a partnership, joint venture, or employer-employee relationship between the parties. You further acknowledge that you have no power or authority to obligate or bind BOOKSXYZ, INC in any manner whatsoever.

8. You agree to select and use quality packaging materials and to use packaging material that is unused, durable, neat, clean and appropriate for the contents to be packaged. We reserve the right to require that you use packaging materials approved by us.

9. You agree to use diligence in promoting your book(s) and/or material which is/are listed on booksXYZ.com.

10. You agree to respond to and/or answer and/or acknowledge any and all communications, including but not limited to e-mails, electronic communications, and/or written communications, received by you from BOOKSXYZ, INC within three (3) working days. You agree that if you will not be available for more than three (3) working days, you will notify us in advance by completing and submitting to us the "Delay Section" in the Admin Panel on the BOOKSXYZ, INC website or otherwise by advance notice in writing to us at least two working days before the first date you will not be available to us at : BOOKSXYZ, INC, 412 Travis St. #220, Lafayette LA 70503; or by fax at: 337.769.1468. To be "available" means that you will be able to access and/or obtain your electronic messages and/or e-mails on working days.

11. You agree to ship your book(s) and/or material within three (3) working days of receiving notice from BOOKSXYZ, INC of an order unless you have notified us in advance that the you will be unavailable. If you are unavailable, you are responsible for shipping all accrued orders within three (3) working days of becoming available, as defined in Subsection 11.

12. You agree that you are solely responsible for any and all lost book(s) and/or material. You agree that you are solely responsible for pursuing and/or seeking reimbursement and/or other satisfaction from shippers, including but not limited to USPS. Subject to our discretion, we may choose to intervene on your behalf. We agree to maintain records regarding any complaint you may have related to your USPS transactions and/or deliveries, if you convey those complaints to us via electronic mail.

13. You agree that you will fully comply with all packaging and shipping instructions as described in the Procedure, unless otherwise negotiated with us.

H. You may elect to ship your packages by insured mail. In such an event, you agree to be solely responsible for obtaining and paying the costs of said insurance. Insurance costs must be included with the shipping costs, which may not exceed the limits described in Section G. Paragraph 5. of this Agreement, unless you obtain prior permission from us. You acknowledge and agree that BOOKSXYZ, INC will not be responsible in any way for the your decision to use or not use insured mail, for any costs associated with said insurance. Furthermore, BOOKSXYZ, INC does not warrant or guarantee delivery of your book(s) and/or material whether insured or not.

I. You shall have the right to terminate this Agreement for any reason, at any time, provided that notice is communicated in writing to: BOOKSXYZ, INC, 412 Travis St., Lafayette LA 70503.

J. You agree that by registering with BOOKXYZ, INC and/or booksXYZ.com, you agree to be bound by all of the terms and conditions of this User Agreement and of any policy and/or provision referenced herein.


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