Wellesley Information Services Website Terms and Conditions
Description of Service
The Website allows users to research, review, and/or purchase products featured on the Website. The products are referred to herein as the “Books”. The services, features, and products that WIS offers to users on the Website may be referred to herein collectively as the "Services". Unless explicitly stated otherwise, any new features or offerings on the Website in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.
The purchase of any book from the insiderBOOKS Website is each subject to WIS’s refund and return policy. For more information, see our Return Policy. Our Return Policy is hereby incorporated into the Terms by this reference.
You may be required to register for an account on the Website in order to take advantage of certain features of the Website, such as purchasing Books, using an online shopping cart, or using our Customer Feedback Service ("CFS"). If you choose to register on the Website, or if you otherwise provide information on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to WIS that is false, inaccurate, outdated or incomplete, or WIS has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, WIS has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
Member Account and Password
If you choose to register for an account with WIS, you will create a username (which shall consist of a valid email address) and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WIS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WIS (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Website, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by WIS and/or its suppliers or licensors, all rights reserved. WIS authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of WIS or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Website, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Website for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Website (including, without limitation, WIS and any Marks associated with any Books) are the sole property of WIS and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of WIS or its suppliers or licensors. WIS will enforce its intellectual property rights to the fullest extent of the law.
In the event that we provide users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, or other material (collectively, "Submissions") on the Website (collectively, "Venues", and including, but not limited to, CFS pages, bulletin boards, chat rooms, surveys or invitations to e-mail WIS with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by you for any commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to the Website through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by WIS without restriction. Without limiting the foregoing, by offering any Submissions through the Website, you grant to WIS the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you. WIS reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions (subject to the "Copyrights and Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of WIS. WIS does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Website.
Links and Third Party Content
You agree that neither WIS nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through any outside websites or for your use or inability to use such websites. WIS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use links to third party websites at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither WIS nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the WIS Website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, WIS, ITS PARENT AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "WIS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, WIS MAKES NO WARRANTY THAT (i) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIS OR THROUGH OR FROM THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF WIS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WIS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
If you are dissatisfied with any WIS material, or with any of WIS’s terms and conditions, your sole and exclusive remedy is to discontinue using WIS's Website and Services.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold WIS and its parent and subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.
Use of Materials
WIS controls and operates the Website from its offices located in the State of Massachusetts in the United States of America. WIS makes no representation that Materials contained on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Copyrights and Copyright Agent
WIS respects the intellectual property of others, and we ask you to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that your work has been copied on the Website and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please inform us with written Notification of Claimed Infringement in compliance with Title 17, United States Code, Section 512 (c)(3)(A). Provide in writing to:
Copyright Agent c/o WIS
20 Carematrix Drive
Dedham, MA 02026
ATTN: Legal Department
By facsimile: 1-781-407-9013
By email: email@example.com
WIS reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Website and/or Services, and to block or prevent future access to and use of the Website and/or Services for any reason, including your breach of the Terms or other conduct by you that WIS considers inappropriate. WIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice. You agree that neither WIS nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of Massachusetts within the United States of America without giving effect to any principles of conflicts of law. You and WIS agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in Norfolk County, Massachusetts with respect to any such claim brought under these Terms. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. WIS makes no representation that the Terms comply with the laws of any other country. Visitors who use the Website and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Website and/or Services in violation of any laws.
By use of the Website and/or Services, you consent to receive electronic communications from WIS (via email or via a posting on the Website), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities as soon as possible.