User Agreement
Welcome to Everytext.com. Everytext.com. and its affiliates ("Everytext")
provide their services to you subject to the following conditions. If
you visit or shop at Everytext.com, you accept these conditions.
PRIVACY
Please review our Privacy Policy, which also governs your visit to Everytext.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Everytext.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of Everytext or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this site
is the exclusive property of Everytext and protected by U.S. and international copyright
laws. All software used on this site is the property of Everytext or its software
suppliers and protected by United
States and international copyright laws.
LICENSE AND SITE ACCESS
Everytext grants you a limited license to access
and make personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of Everytext. This license does not include any resale or commercial use
of this site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Everytext. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
Everytext without express written consent. You may not use any meta tags or any
other "hidden text" utilizing Everytext's name or trademarks without the
express written consent of Everytext. Any unauthorized use terminates the
permission or license granted by Everytext. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of Everytext.com so
long as the link does not portray Everytext, or its products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use any Everytext logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. Everytext does sell books for children, but it
sells them to adults, who can purchase with a credit card or other permitted
payment method. If you are under 18, you may use Everytext.com only with
involvement of a parent or guardian. Everytext reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Everytext reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Everytext a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Everytext and sublicensees the right to use the
name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Everytext for all claims
resulting from content you supply. Everytext has the right but not the obligation
to monitor and edit or remove any activity or content. Everytext takes no
responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT COMPLAINTS
Everytext respects the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please email us at info@everytext.com and give us more information about
the issue.
PRODUCT DESCRIPTIONS
Everytext does not warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or error-free. If a
product offered by a seller on Everytext is not as described, your sole
remedy is to return it in unused condition. Please review our Return Policy
for further details.
PRICING
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a comparably featured
item offered elsewhere. The List Price is a comparative price estimate and
may or may not represent the prevailing price in every area on any particular
day. For certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's estimated
or suggested retail price for each of the items included in the set. Where
an item is offered for sale by one of our merchants, the List Price may
be provided by the merchant.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE ARE PROVIDED BY Everytext ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Everytext MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Everytext DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Everytext DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR
SERVERS; OR E-MAIL SENT FROM Everytext ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Everytext WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Everytext.com, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Everytext.
DISPUTES
Any dispute relating in any way to your visit to Everytext.com or to products
or services sold or distributed by Everytext or through Everytext.com in
which the aggregate total claim for relief sought on behalf of one or more
parties exceeds $7,500 shall be adjudicated in any state or federal court
in Santa Clara County, California, and you consent to exclusive jurisdiction
and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy
policy and return policy, posted on this site. These policies also govern
your visit to Everytext.com. We reserve the right to make changes to our
site, policies, and this User Agreement at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
- http://www.Everytext.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Everytext.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Everytext that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Everytext.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
