End User Agreement


This end user agreement (“Agreement”) is a contract between you and UCentive LLC, a Utah limited liability company doing business as Textbookstop.com and if you rent books with TBS Textbook Rentals, LLC, a Utah Limited Liability Company, and applies to your use of the Textbookstop.com 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 "Company," "we", “us” or "our" will refer collectively to Textbookstop.com and if you rent a book then it includes TBS Textbook Rentals, LLC

By clicking "I Agree," “I Accept,” or by registering or using the Website and/or Service you agree to the terms and conditions of this Agreement and the other policies incorporated into the Website including, without limitation, our Terms of Use Policy and our Privacy Policy. Each transaction completed with us will be detailed on a receipt that is incorporated herein by reference. Your receipt is emailed to you at the address provided by you, and is also available through your Textbookstop.com account. You agree that this Agreement is legally binding between you and the Company.

The Company may amend, modify or change this Agreement and the Terms of Use and Privacy Policy from time to time and such amendment, modification or change shall be effective upon posting of the amendment, modification or change by the Company on the Website. You agree to be bound to any changes to this Agreement, the Terms of Use or Privacy Policy when you use the Website or the Service after any such amendment, modification or change is posted. You are responsible to review the Website and this Agreement regularly to ensure you are aware of any changes.

If you have any questions about this Agreement, please email us at help@textbookstop.com, or you can speak with one of our customer service representatives by dialing (801)648-7814. We are available Monday through Friday, from 9:00 AM until 4:30 PM, Mountain Standard Time.

Pricing, Fees & Payment

Prices on Textbookstop.com (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 Textbookstop.com, for and on behalf of TBS Textbook Rentals 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.

Shipping & Order Processing

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 TBS Textbook Rentals.

We may require additional verifications or information before accepting or processing any order. If necessary, we will attempt to contact you by phone or by email. If we cannot reach you or you do not reply to us within the specified amount of time, we will cancel your order. If your order is canceled after your credit card has been charged, we will issue you a refund in the amount of the charge. In no event will we be liable for any order that is canceled as a result of the foregoing.

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 Textbookstop.com 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.

Registration/Account

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. Textbookstop.com reserves the right to terminate your use of the Service upon the discovery that the information you provided is not complete or accurate. Textbookstop.com is not responsible for maintaining the security of your username and password. It is your responsibility to notify us through Textbookstop.com if you believe your username or password have been compromised or used in an unauthorized manner. Textbookstop.com 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. Textbookstop.com has the right to terminate your account for any or no reason at our sole discretion.

Email Notification

You agree that any notifications or receipts from Textbookstop.com 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 Company nor TBS Textbook Rentals will have any liability or responsibility for any misuse of such information if you provide such information via email.

Refunds

With the local service of a Textbookstop.com drop-off location, refunds are as simple as printing out a packing slip from your Textbookstop.com account, and returning the book for a full refund to the drop-off location within 15 days of your order of the book. If a drop-off location is not convenient, go to your Textbookstop.com account and follow the instructions for printing out a packing slip and a prepaid mailing label, and drop the book off at the U. S. Post Office. The returned book must be post-marked within 15 days of your order of the book, and your refund will be processed upon our receipt of the returned book. 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 fifteen day return window, the rental is absolute and unconditional and not subject to any reduction, abatement, defense, counterclaim, cancellation, setoff or return.

Indemnity

You agree to defend, indemnify, and hold harmless Textbookstop.com 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 on or before the Return Date. Your Return Date will be clearly displayed at checkout, and is also available in your Textbookstop.com account information. For purposes of this Agreement, the postmark date on your return package will be used to determine the date upon which you returned the book, or the date you return your book to your local Textbookstop.com drop-off location. Further information concerning your return is detailed in the “Returning Your Rental Book” section.

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 to us at customerservice@textbookstop.com for 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. You further agree that you will log onto your account at Textbookstop.com, and follow the simple instructions in the "Returning Your Rental Book" section of the Website. We offer two rental return options:

  1. Leave your book at a local TBS Textbook Rentals drop-off location - Log onto your account and go to the "Returning Your Rental Book" section at www.textbookstop.com. Print out the packing slip, tuck it inside the front cover, and bring your book to our drop-off location, and you are done.
  2. We will provide you with a printable prepaid shipping label for the US Postal Service. Mail your book back using our prepaid shipping label and the US Postal Service - Log onto your account and go to the “Returning Your Rental Book” section at www.textbookstop.com. Print out the packing slip and your prepaid mailing label. Tuck the packing slip inside the front cover, and carefully package your book for shipment. Tape the prepaid mailing label on the package, and drop off your package at the post office. Use appropriate packing materials that will protect the book during shipment. DO NOT USE U.S. POST OFFICE PRIORITY MAIL PACKAGING PROVIDED BY THE POST OFFICE. YOUR BOOK IS BEING MAILED VIA “MEDIA MAIL”, NOT PRIORITY MAIL. IF YOU USE PRIORITY MAIL PACKAGING, YOU AGREE THAT YOU WILL BE CHARGED THE COST OF USING THE PRIORITY MAIL SERVICE. You are responsible for the book in the event it is lost in transit or during delivery by the U.S. Postal Service or other common carrier.

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. Please include the packing slip and use the prepaid shipping label provided by us. For refunds, please refer to the "Refunds" section of the Agreement.


Grace Period
All of our rental periods come with a 15 (fifteen) day grace period. We've been in your shoes. Sometimes you would like to get your books early, or you need to take a make-up final exam. Our 15 day grace period allows you the flexibility to hold on to the book long enough to get you through to the bitter end. Don't hesitate to use it. That's why it's there! The grace period applies to all of the rental periods (for example, the 130 day rental period gives you 145 days to get the book back to our warehouse).

Returning Books Not Rented From Textbookstop.com

We are not responsible for any books or other items sent to us in error. We will make reasonable efforts to notify you if we receive a textbook from you in error, but we do cannot guarantee such items will ever be identified or recovered. You are responsible for and agree to pay all fees associated with the recovery and return shipping of any such items. The risk of damage or loss or delays for any textbook sent to us in error is at all times yours alone.

Textbook Maintenance and Care

Rental books will be US edition textbooks only (no international editions and no instructor editions). 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 Company 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.

Damage Fees

Until you return the rental textbook to us, damage to or loss of a rental textbook is your responsibility. 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 Company, 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:

  1. Writing in Book

  2. Water Damage

  3. Damage to Spine and Binding

Late Fees and Non-Return Fees

You agree to return each rental book to us post-marked no later than the Return Date. The Late Fee for book(s) not returned on time is $15 for each rental book, and the fee automatically extends your rental Return Date by 14 days. 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.

Miscellaneous

All notices, authorizations, and requests shall be deemed given on receipt or posting on our Website. The failure of Textbookstop.com 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 Textbookstop.com. Any attempt by you to assign, transfer or delegate this Agreement without the express written permission of Textbookstop.com 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.

By clicking "I Agree," “I Accept,” or by registering or using the Website and/or Service you are agreeing to conduct business electronically with us in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-Sign), 15 U.S.C.A. § 7001-7031 (Supp. 2001) and Utah's Uniform Electronic Transactions Act (UETA), Utah Code Ann. § 46 4-101 to -501 (2000). Understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form, and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement.

This Agreement shall be governed by the law of the State of Utah, USA, without regard to its conflicts of law provisions. The state courts of Salt Lake County, Utah shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. Nonperformance of either party, except for the making of payments, shall be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This Agreement along with the Terms of Use and the Privacy Policy of the website Texbookstop.com comprise the entire agreement between you and Textbookstop.com with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of this Agreement).

Limitations

TEXTBOOKSTOP.COM 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 COMPANY 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE COMPANY'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 Company 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 7/27/2011

7 DAY PRICE GUARANTEE
We guarantee that you will recieve the quoted price for your textbooks(s) as long as they are postmarked within 7 days.
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New Textbook Substitution
If a used book is not available for a particular title, you choose whether you would like us to substitute a new book (at the new book price), or cancel your order for that book.
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