TERMS & CONDITIONS
Standard Terms and Conditions for IOBA
The Independent Online Booksellers Association, Inc., a Delaware non-profit corporation ("IOBA") maintains this web site to provide you with information about IOBA and its members, and their respective products and services. By using IOBA's web site, you agree that your access to and use of this web site or other IOBA services are bound by the following terms and conditions (the "Terms").
Not an E-Commerce Site
The IOBA website and all related services (the "Services") are NOT AN E-COMMERCE SITE OR A MARKETPLACE. No sales or other financial, commercial, or consumer transactions take place on the IOBA website. The Services are merely a platform for IOBA exhibitors/members to showcase their products/goods. ANY AND ALL SALE AND OTHER TRANSACTIONS WILL TAKE PLACE ON THE EXHIBITOR/MEMBERS'S PERSONAL WEBSITE OR OTHER VENUE. IOBA TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT OF THE EXHIBITOR/MEMBER WEBSITES OR ANY TRANSACTIONS UNDERTAKEN THEREIN.
Personal Use Only
The Services are available only for your personal, non-commercial use. You may not use the Services to increase traffic to your web site for commercial reasons or sell a service or product unless you enter into an agreement with IOBA describing the terms of your commercial use. You may not "metasearch" any information relating to the Services. You may not reproduce, distribute, store, broadcast, sell, license, or sublicense information or content included on the web site without obtaining prior written consent of an authorized representative of IOBA. IOBA reserves all rights not granted herein, including all copyrights.
This web site may contain links to other web sites. IOBA is not responsible for the content of such other web sites including any changes or updates that are made to the linked web site or the accuracy or completeness of the information provided on other web sites. IOBA does not screen the links included in the Services and the linked web sites are maintained by persons over whom IOBA exercises no control. Use of the Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search or link will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search or link pursuant to the Services.
IOBA provides the links as a convenience to you and the existence of the links on this web site does not imply that IOBA approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with IOBA.
IOBA may modify or terminate the Services for any reason, and without notice. By accessing this web site or using the Services after any changes to the Terms have been posted thereon, you will be deemed to have consented to all such changes. Please review the Terms from time to time so that you will be aware of any changes.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this web site are registered and unregistered marks of IOBA and others. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark, without the written permission of IOBA. IOBA trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this web site, without prior, written permission.
You are responsible for the accuracy and truthfulness of any information, including but not limited to comments, remarks, suggestions, ideas, graphics or other submitted content, communicated to IOBA by you through this web site or the Services, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided). You may not post material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation.
IOBA does not endorse the accuracy or reliability of, and is not responsible for, any statement, opinion, recommendation or any other submitted content.
IOBA retains the right, but not the obligation, in its absolute and sole discretion to screen, edit or delete any displayed or submitted content and to prevent or restrict access to the Services for any reason.
By submitting comments, creative ideas, concepts, know-how, techniques, suggestions, opinions, materials or any other content, you acknowledge that all such submissions become the exclusive property of IOBA, without compensation and IOBA may copy, incorporate, distribute or otherwise use such submissions for any commercial or non-commercial purpose. You hereby agree to take whatever further actions, may be necessary to assign your rights to the same to IOBA.
You acknowledge that all information and content on the web site and any intellectual property rights embodied therein are the property of IOBA or its information providers. The web site is subject to protection of intellectual property laws of the United States of America and all other jurisdictions and was created, compiled, prepared, selected and arranged by IOBA through the expenditure of substantial effort and resources. This web site constitutes valuable property of IOBA.
You agree to defend, indemnify, and hold harmless IOBA, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this agreement or any use of the Services by you, or by another person using the Services through you or using your computer.
Disclaimer of Warranties
IOBA disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed as a result of the Services. IOBA disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. IOBA disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through use of the Services.
ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS,", AS AVAILABLE", AND WITH NO WARRANTIES WHATSOEVER. IOBA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IOBA DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. IOBA DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. IOBA DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IOBA BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES, ARISING FROM ANY CLAIM RELATING TO THESE TERMS, THE SERVICES, OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF IOBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, FROM A LINK TO A THIRD-PARTY WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. IOBA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, THE WEBSITE, AND THESE TERMS SHALL NOT EXCEED $100. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall IOBA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, pandemic, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Choice of Law
These terms and conditions shall be governed in all respects in accordance with the laws of the State of New Jersey without regard to the conflict or choice of law rules thereof. The courts of the state of New Jersey shall have exclusive jurisdiction over any dispute arising hereunder. If for any reason a court of competent jurisdiction finds any provisions or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. No claim or cause of action arising out of these Terms or use of the Services may be asserted more than one (1) year after the claim or cause of action has arisen; provided, however, that this sentence shall not extend any applicable statute of limitations.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in a writing and signed by IOBA.