Westmont College Store
End User Agreement
This end user agreement (“Agreement”) is a contract between you and Westmont College Store and if you rent books with Westmont College Store and applies to your use of the Westmont College Store website (the “Site” or "Website") and any related products and services (collectively the "Service") provided by us or for our affiliates. This Agreement sets forth your rights and obligations. Please read the Agreement carefully. In this Agreement, "you" or "your" means any person or entity using the Service ("User"). Unless otherwise stated, the "Store," "we", “us” or "our" will refer collectively to Westmont College Store and if you rent a book then it includes Westmont College Store.
Pricing, Fees & Payment
Prices on www. (whether to purchase or rent) are not guaranteed until you check out using an acceptable credit card and the transaction is completed with confirmation sent to you. All prices, shipping fees, and taxes will be clearly displayed during checkout before you are required to finalize the transaction. To use the Service, you must use a Visa, MasterCard, Discover, or American Express credit card that does not expire prior to your Return Date plus 45 days. Your credit card will be charged prior to shipment of the order.
By renting a book, you acknowledge and agree that Textbook Rental, for and on behalf of Westmont College Store, will store your credit card information (encrypted) for the duration of the rental period plus up to 45 days. You hereby permit us to record your Internet Protocol (“IP”) address at the time of your payment, and you grant us permission to provide that information to your credit card provider in the event that we are contacted by them regarding your transaction. You hereby acknowledge and agree to any additional charges that we deem necessary due to your misuse of the Service or default hereunder, including without limitation any fees resulting from damage to the rental book(s), lost or stolen rental book(s), late fees, extension fees, and/or fees for non-returned rental book(s). We are not responsible for causing or refunding overdraft or other penalty fees a customer may receive for going over their limit or being overdrawn.
We will ship most orders within 2 business days of completion of your order, but we do not guarantee the shipment time. Shipping fees will be clearly displayed during the checkout procedure. You agree to not hold us responsible for any shipping delays or damages during shipment. If you have purchased your book, the book becomes your property once it has been delivered to a common carrier for delivery to you. If you are renting your book, the book remains the property of Westmont College Store.
Age and Residence
You must be 18 years of age or older and reside in the United States in order to register for an account with Westmont College Store and to use the Service. The Service only supports shipments to the 48 contiguous US states and will not support shipments to Alaska or Hawaii. The Service also does not support shipments to military addresses. Your account may be terminated without warning if we believe that you do not meet these requirements.
You must register for an account with us if you wish to use the Service. There is no additional fee to open or to maintain an account. You must provide a name, valid e-mail address and other information necessary to register. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or provide a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. Westmont College Store reserves the right to terminate your use of the Service upon the discovery that the information you provided is not complete or accurate. Westmont College Store is not responsible for maintaining the security of your username and password. It is your responsibility to notify us through Westmont College Store if you believe your username or password have been compromised or used in an unauthorized manner. Westmont College Store assumes no responsibility, liability or obligation for any loss or damage resulting from your failure to comply with the security of your username and/or password. Westmont College Store has the right to terminate your account for any or no reason at our sole discretion.
You agree that any notifications or receipts from Westmont College Store will be delivered to you by email at the email address you provided during registration or as later updated by you. You hereby agree and acknowledge that you are responsible for complying with the Return Date(s) whether we have emailed you or not. You acknowledge that we will not ask you for your personal information, account username, password, or any credit card information via email. Neither the Store nor Westmont College Store will have any liability or responsibility for any misuse of such information if you provide such information via email.
You can return books for a full refund through the first Friday after your session starts (Ex: class starts Monday, Aug. 26th, you can refund through Friday, Aug. 30th). If you drop a class, you can return the book for a full refund through the add/drop date. The add/drop date is different than the withdrawal date. The add/drop date for a full semester class is usually 10 business days after the start of class and 5 business days after the start of class for partial semester classes. Please check the academic calendar on the school website to make sure that you know the exact add/drop date for your school.
Refunds are as simple as coming into your local Westmont College Store location and returning the book for a full refund by the Return deadline specified above. Refunds are issued to your original method of payment, and the amount of the refund will be the rental price less shipping costs. If you received a book other than what you ordered, then you will not be charged for shipping costs. Refunds can take up to five business days to post to your account.
Books must be returned in same conditions as received and unused by you and include the supplements that were sent to you along with the book. If there is any damage then the damage fees noted in this Agreement will apply. After the Return Date deadline, the rental is absolute and unconditional and not subject to any reduction, abatement, defense, counterclaim, cancellation, setoff or return.
You agree to defend, indemnify, and hold harmless Westmont College Store and our affiliates, our officers, directors, employees, subsidiaries, affiliates and agents from and against any claims, demands, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity, including without limitation, reasonable legal and accounting fees, made by any third party arising out of, connected with, or resulting from your use of the Website, rental of books or other use of the Service and/or any breach of your representations and warranties set forth in this Agreement. Your obligations hereunder will survive the expiration of this Agreement with respect to omissions or acts or events occurring or alleged to have been omitted or occurred prior to the return of the rental book to us at the end of the rental term plus the 45 day period.
Rental Specific Terms and Conditions
In the case of a rental you agree that the above terms and conditions will apply and that the following provisions will also apply to a rental.
Return Date for Rental Books
By renting a book, you are accepting responsibility to return it by the Return Date. Your Return Date will be clearly displayed at checkout, and is also available in your www.westmontbookstore.com account information.
Changing Your Return Date, or Purchasing Your Textbook
If you wish to convert your rental to a purchase, or if you wish to extend your rental period for a fee, please email your request firstname.lastname@example.org or a price quote.
Returning Your Rental Book (“Return Procedure”)
You agree that you will return your rental book(s) to us by the Return Date. Please return your book to your Westmont College Store location. Our location address and contact information is available on the website under the “Contact Us” tab and “Locations” tab.
We are not responsible for rental books that are not returned using our Return Procedure as published on our Website at the time of your return. For refunds, please refer to the “Refunds” section of the Agreement.
Textbook Maintenance and Care
Rental books that are NEW will include all supplements, such as, online access codes, access keys, inserts, and CD ROM(s). If your rental book is sent to you with supplements, you must return those supplements to us when you return the book.
You acknowledge that certain supplements are designed to be used only once, and that therefore if you select to rent a used book, those supplements may not be accessible to you. You agree that the Store is not required to provide you with operational access codes in the event that you select to rent a used book.
Rental books are your responsibility during the term hereof and you need to care for the book and return it to us in a condition where the book(s) can be rented again in the future. As such, you agree to the following:
· Writing in the rental book(s) is not allowed
· Limited highlighting in the rental book(s) is allowed. Limited highlighting means that fewer than 20% of the pages are marked with a highlighter, and the text is not obscured.
· Underlining in the rental book is not allowed
You also agree to preserve the pages and covers of the rental book(s) from rips, tears, and water damage. Violations of this policy may result in damage fees as detailed in the section entitled “Damage Fees”.
If you receive a book from us that you believe is already damaged, it is your responsibility to contact us within 5 days of receiving your book so that our customer service representatives can solve the problem with you.
We require rental books to be returned to us in good condition or better so that the book may be rented again in the future. Guidelines are detailed below to determine whether the rental book has no damage, minor damage, or major damage. All Damage Fees assessed are at the sole discretion of the Store, and are in addition to the Rental Price and any other charges that were paid at checkout.
1. No Damage – Pages of the book are free from handwriting, underlining and other markings, and are not ripped, torn, stained, or missing. There is either no highlighting in the book, or a limited amount of highlighting where fewer than 20% of the pages are marked. There is no water damage. Covers of the book are intact and are not creased, torn, or bent. Spine of the book is undamaged. Damage fees will not be assessed for gentle use of the book resulting in shelf wear or other slight wear. All supplemental materials provided must be returned with the book.
2. Minor Damage (Flat Fee of $15.00)
– Covers are intact and in good condition. All pages are intact, the text is not obscured, and there is no water damage. There is copious highlighting and/or other markings (such as notes in the margins or underlining) on more than 20% of the pages. Minor Damage fee also applies to books that are returned without supplemental materials (such as CD’s, DVD’s, or other inserts).
3. Major Damage (Fee of the original list price of the book less the initial rental fee paid by you)
– If your rental book is returned to us in an unusable condition, you will be charged the full list purchase price of the book at time of initial rental less the original rental fee that you paid so that the book may be replaced. The damaged book will be recycled by us and not returned to you. Examples of Major Damage include water damage, stained or missing pages, torn or missing cover(s), highlighting or other markings that obscure the text and/or are present on more than 33% of the pages of the book, or any other condition rendering the book unusable.
The pictures below are examples of Major Damage:
I. Writing in Book
II. Water Damage
III. Damage to Spine and Binding
If each rental book still has not been returned by the date granted under the extension, each rental book will be deemed unreturned and you will be charged the list purchase price of each book at the time of initial rental less the amount of your rental, plus any applicable taxes.
You agree that you are responsible for each rental book if it is lost or stolen, and you agree to pay for replacing each lost or stolen book. The replacement cost is calculated as the list purchase price of the book at the time of initial rental less the cost you paid to rent the book, plus any applicable taxes.
You agree that we may, at our sole discretion, send your account to a collection agency if you fail to pay all fees due and owing to us. We will disclose your personal information to the collection agency without your consent to protect or enforce our rights, to protect or enforce the rights of a third party, or as required by law. All accounts that are sent to a collection agency are subject to an additional $25.00 fee.
All notices, authorizations, and requests shall be deemed given on receipt or posting on our Website. The failure of Westmont College Store to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect.
This Agreement applies to you and may not be transferred, assigned or delegated to anyone without the express prior written permission of Westmont College Store. Any attempt by you to assign, transfer or delegate this Agreement without the express written permission of Westmont College Store shall be null and void.
You will, at your sole expense, keep the rental book free and clear of all levies, liens and encumbrances. You will declare and pay to the appropriate governmental authorities when due all license fees, registration fees, assessments, charges, taxes and the like pertaining in any way to the rental book, whether municipal, state or federal (foreign and domestic), including, but not limited to, sales, use, excise and property taxes and penalties and interest with respect thereto (excluding, however, any taxes measured solely by our net income). You shall provide evidence of any payment hereunder upon request by us, and shall immediately reimburse us for all amounts paid by us.
WESTMONT COLLEGE STORE FOR ITSELF AND ITS AFFILIATES SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT. IN NO EVENT SHALL THE STORE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF THE STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE STORE'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE VALUE OF GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE BY YOU OR $1.00.
For rental book(s), to the fullest extent permitted by applicable law, you hereby waive any and all rights and remedies conferred upon a renter/lessee by sections 2A-508 through 2A-522 of the Uniform Commercial Code ("“UCC"”) in force and effect in the State of Utah, including, but not limited to, your rights to: (i) cancel or repudiate this Agreement; (ii) reject or revoke acceptance of the textbook after you have received and accepted such textbook; (iii) grant a security interest in the textbook in your possession or control for any reason; (iv) deduct all or any part of any claimed damages resulting from your default, if any, under this Agreement; (v) accept partial delivery of the textbook; (vi) "“cover”” by making any purchase or rental of or contract to purchase or rent textbooks in substitution for those referred to in this Agreement during the term of this Agreement; (vii) recover any general, special, incidental or consequential damages, for any reason whatsoever; and (viii) specific performance, replevin, detinue, sequestration, claim and delivery or the like for any textbook identified to this Agreement. To the fullest extent permitted by applicable law, you also hereby waive any rights now or hereafter conferred by statute or otherwise which may require the Store to sell, rent/lease or otherwise use any textbook in mitigation of your damages as set forth in this Agreement or which may otherwise limit or modify any of your rights or remedies hereunder.
Revised 07/30/2014 at 1:26 PM