1. The Information We Collect
When you use the site, we receive and collect certain information. The information that we receive and collect depends on what you do when you visit the site.
2. How we use and share Personal Customer Information
The Company does not share your Personal Customer Information that we collect except credit card information and as follows:
3. Communications from the Company
As a user, you may receive the following communications from the Company:
4. Underage customers
Our products and services are marketed for purchase by adults or with the consent of adults.
5. Linking to Third-Party Web Sites
When you click on links and banners on our site that take you to third-party web sites, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, the Company cannot be responsible for the actions of any third-party web sites. We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our site or browsing on your own.
6. Questions or Comments
If you have any questions regarding our Privacy Policy, please email us by using the Contact Us page on the site.
7. 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 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.
8. Voucher Purchases
In cases of school voucher purchases, we cross-check certain Personal Customer Information to validate access to your account and amount you may purchase with a school voucher. Please keep your Personal Customer Information secure; do not share it with anyone as this information may gain access to your account to make purchases.
9. 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, or (ii) 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.
10. Safe Shopping Guarantee
Under federal law, you are protected as a consumer against 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, please let us know by using the Contact us page on the site. Please be advised, as we state in greater detail in our Terms of Use on this site, we do not guarantee the continuous, uninterrupted or secure access to the site because the operation of the website may be interfered with by numerous factors outside of our control.
11. Changes to Privacy Policy and Security Policy
The Company reserves the right to modify or amend this policy at any time by posting the revised Privacy Policy and Security Policy on our site. The changes will only affect the information we collect after the effective date of the change to our Privacy Policy and Security Policy unless we clearly express otherwise.
The terms and conditions stated below, along with the policies and guidelines located throughout this site (“Site”), (collectively herein the “Terms of Use”) identify what users of the Site (“User”) can expect from the Site and what we expect from Users. By visiting any area on the Site or making a purchase via the Site, a User is deemed to have accepted the Terms of Use.
1. ONLINE CONDUCT
User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the 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 we are notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Site (collectively “Content”) that is allegedly infringing, defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We 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 Site; or (iii) to protect the rights or property of the Company and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Providers”) and any other User.We reserve the right to prohibit or restrict conduct, communication, or Content that we deem in its sole discretion to be harmful to Users, the Company, the Company’s affiliates, the Site, the communities that make up the Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Site.
2. LICENSES AND RESTRICTIONS
The Company grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with the Company) of the Site. The Company further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of the Site so long as the link does not portray The Company, 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:
3. CONTENT
4. EXPORT
The U.S. export control laws regulate the export and reexport 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 Site to either a foreign national or a foreign destination in violation of such laws and regulations.
5. PRICES
The price for an item on the 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 Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of the Company, the Company 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 the Company. Any purchases from any third-party sellers on the Site may be subject to different policies in the event of an incorrectly priced item.
6. RISK OF LOSS
The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.
7. PRODUCT DESCRIPTION
The items offered for sale on the Site contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. The Company does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM THE COMPANY THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
8. AGE OF USERS
The Company does not intend the 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”). the Company relies upon Guardians to determine if any Content or items available on the Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Site only under the supervision of Guardian.
9. TERMINATION OF USAGE
The Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in the Company’s sole discretion, including without limitation the Company’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, the Company, any Provider or another User. In cases which the Company deems in its sole discretion to be egregious, the Company 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 Site has been terminated including the right use, access or create any account thereon; (ii) that the Company refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with the Company will be subject to the following conditions:
10. INDEMNITY
User agrees to indemnify and hold each the Company and any 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.
11. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Site is responsible for (i) keeping his or her account password/id 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 current because User will not receive messages from the Site about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User’s account.
12. NOTICES
User consents to receive electronic communications from the Site, whether addressed to the e-mail address associated with such User’s account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH 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 PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE 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 SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF THE SITE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.THE COMPANY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY.UNDER NO CIRCUMSTANCES SHALL ANY PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE 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 THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.
NO PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH 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.
14. 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.
15. APPLICABLE LAW; JURISDICTION
The Site is created and controlled by the Company 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 the Company and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Nassau and/or Suffolk County, New York and waives any objection to the laying of venue of any litigation in said courts.
16. DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of Use, the Site or any 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 the Company may elect to resolve the dispute through binding arbitration conducted by telephone, online 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 Nassau and/or Suffolk County, New York or in the United States county where the defendant is located (in the case of the Company, Nassau and/or Suffolk 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 Nassau and/or Suffolk 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.
17. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the Site, the following policies are incorporated into the Terms of Use:
18. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and the Company regarding User’s relationship with the Company 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 Site or making a purchase via the Site, a User is deemed to have accepted the Terms of Use.
19. MODIFICATION
The Company reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice.
Sales tax is applied to the total amount of the order based upon applicable laws and any exemptions. Charging sales tax, and the amount of the sales tax depends upon many factors, including the identity of the purchaser, the type of item purchased, the destination of the shipment, applicable state tax on delivery charges, and/or whether your state has a tax exemption for the type of item sold. The following states have no sales tax: Alaska, Delaware, Montana, New Hampshire, and Oregon. The following states may have applicable textbook tax exemptions: Connecticut, Massachusetts, Minnesota, Mississippi, Missouri (state), New Jersey, New York Pennsylvania, Rhode Island (used), South Carolina, Tennessee, and Virginia. Libraries, schools, not-for-profits, and other qualified groups and individuals may be tax-exempt once we have your tax-exempt certificate, please contact an account executive for further details.Sales tax is applied to the total amount of the order based upon applicable laws and any exemptions. Charging sales tax, and the amount of the sales tax depends upon many factors, including the identity of the purchaser, the type of item purchased, the destination of the shipment, applicable state tax on delivery charges, and/or whether your state has a tax exemption for the type of item sold. The following states have no sales tax: Alaska, Delaware, Montana, New Hampshire, and Oregon. The following states may have applicable textbook tax exemptions: Connecticut, Massachusetts, Minnesota, Mississippi, Missouri (state), New Jersey, New York, Pennsylvania, Rhode Island (used), South Carolina, Tennessee, and Virginia. Libraries, schools, not-for-profits, and other qualified groups and individuals may be tax-exempt once we have your tax-exempt certificate, please contact an account executive for further details.