Terms and Conditions
September 30, 2009
Welcome to the website located at www.yeomansinthefork.com (the “Site”) that is owned by BIBLIOG, INC. BIBLIOG, INC provides website features to you subject to these terms and conditions. If you visit or shop at the Site, you accept these terms and conditions and agree to comply with them. Please read them carefully.
The Site’s Content
The Site and all of the Site’s content (e.g. text, graphics, logos, button icons, images and software) (“Content”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. BIBLIOG and BIBLIOG’s licensors own and retain all proprietary rights to the Site and the Content. Additionally, BIBLIOG owns and retains all proprietary rights to the compilation of the Content on the Site. The BIBLIOG name, logos and related marks are trademarks/design marks of BIBLIOG. All trademarks used on the Site are the property of their respective owners.
Your Use of the Site
You must only use the Site in accordance with these terms and conditions and all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of the Site. In addition, you agree that you will not interfere with or disrupt BIBLIOG’s security measures.
If you create a login profile on the 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. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone.
You agree that you will provide BIBLIOG with accurate account information (such as your real name, valid e-mail and delivery addresses, and accurate, non-fraudulent payment information) and will update such information if it becomes outdated. You also agree to notify BIBLIOG immediately if you believe your account has been used without your authorization. BIBLIOG will communicate with you via e-mail and similar technology for purposes relating to your account, any orders you place, and any other services BIBLIOG provides through the Site.
BIBLIOG does sell children’s books, 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 the Site only with involvement of a parent or guardian.
BIBLIOG reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.
You may not reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose any portion of the Site or the Content without BIBLIOG’s prior written consent.
Rights to the Site and Content
Subject to your compliance with these terms and conditions,BIBLIOG grants you a limited license to access and make personal use of the Site and the Content, not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of BIBLIOG. This license does not include any: (1) resale or commercial use of the Site or the Content; (2) collection and use of any product listings, descriptions, or prices; (3) derivative use of the Site or the Content; (4) downloading or copying of account information for the benefit of another merchant; or (5) use of data mining, robots, or similar data gathering and extraction tools.
Subject to your compliance with these terms and conditions, and so long as the link does not portray the Site, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter, BIBLIOG grants you a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site.
Without the express written consent of BIBLIOG, you may not: (1) use any BIBLIOG logo or other proprietary graphic or trademark as part of a hyperlink to the home page of the Site; (2) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BIBLIOG; or (3) use any meta tags or any other “hidden text” utilizing BIBLIOG’s name or trademarks.
Terms of Sale
Please review BIBLIOG’s terms of sale (available at http://yeomansinthefork.com/about/terms-of-sale) (“Terms of Sale”), which also govern your visit to the Site, and which are hereby incorporated by reference into these terms and conditions.
Risk of Loss
All items purchased from BIBLIOG are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon confirmation from your chosen delivery company that the item has been delivered.
Product Descriptions
If a product offered by BIBLIOG is not as described on the Site, your sole remedy is to return it in accordance with the Terms of Sale. YOU AGREE THAT A REFUND WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PRODUCT YOU RECEIVE FROM BIBLIOG THAT IS NOT AS DESCRIBED ON THE SITE, AND YOU WAIVE ALL OTHER REMEDIES OR ACTIONS IN SUCH EVENT.
Occasionally, a product offered by BIBLIOG will be listed for sale on the Site that has actually been sold. This may be caused by system and/or human delays in updating the Site after the item was sold. If you order such an item, your order will be cancelled and BIBLIOG will be under no obligation to provide you with such item.
Privacy
Please review BIBLIOG’s privacy policy (available at http://www.yeomansinthefork.com/privacy) (“Privacy Policy”), which also governs your visit to the Site, and which is hereby incorporated by reference into these terms and conditions.
Disclaimer of Warranties and Limitation of Liability
EXCEPT FOR THE RETURNS POLICY IN THE TERMS OF SALE, THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY BIBLIOG ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIBLIOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BIBLIOG DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING ANY E-MAILS SENT FROM BIBLIOG) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL BIBLIOG BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FROM ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF YOU HAVE ADVISED BIBLIOG IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND SUCH DAMAGES ARE FORESEEABLE.
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. In the event that applicable law does not allow this limitation or exclusion of liability or damages, you agree that in no event shall BIBLIOG’s total liability to you for all damages, losses and causes of action of any kind exceed the lesser of $100.00 (U.S.) or the purchase price of the product that is the subject of the claim. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
BIBLIOG may from time to time provide links to other sites as a convenience to you, and BIBLIOG assumes no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, BIBLIOG hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website (available at ).
Unsolicited Submissions
If you send BIBLIOG any unsolicited ideas, suggestions or materials, you agree that BIBLIOG will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against BIBLIOG any claim based on any proprietary rights therein.
Applicable Law
The Site is controlled and operated by BIBLIOG in the state of Tennessee. The formation, construction and interpretation of these terms and conditions is controlled by the laws of the state of Tennessee regarding agreements between Tennessee residents entered into and to be performed within Tennessee, excluding any rule or principle that would refer to and apply the substantive law of any other state or jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from any interpretation of these terms and conditions.
Disputes
Any dispute relating in any way to your visit to the Site may only be brought in the state or federal courts located in Davidson County, Tennessee, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Tennessee as your agent for service of process. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.
Miscellaneous
Please carefully review BIBLIOG’s other policies, such as the Terms of Sale and Privacy Policy, posted on the Site. Those policies also govern your visit to the Site. BIBLIOG reserves the right to make changes to the Site, BIBLIOG’s policies, and these terms and conditions at any time.
These terms and conditions, together with BIBLIOG’s other policies, constitute the entire agreement between the parties, and no other agreement, written or oral, exists between you and BIBLIOG regarding the subject matter hereof. Any amendments or modifications to these terms and conditions or BIBLIOG’s other policies must be in writing.
If any provision of these terms and conditions is found to be void, invalid or unenforceable: (1) the same will be conformed to the extent necessary to comply with applicable law, or stricken if not so conformable; and (2) the remaining provisions will remain in effect.
BIBLIOG reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including suspending or blocking your access to the Site. The waiver by BIBLIOG of a breach or violation of any provision of these terms and conditions is not a waiver of any subsequent breach of the same or any other provision hereof.
Contact Us
If you have any questions, comments or concerns about these terms and conditions please contact us at:
BIBLIOG
c/o Yeoman’s in the Fork
4216 Old Hillsboro Rd.
Franklin, TN 37064
www.yeomansinthefork.com
1-877-YEOMANS1
