Company Content and User Content
The Sites, including without limitation their operating source code, functionality and look and feel are owned and operated by the Company. The Company owns and/or licenses all of the Content that is featured, displayed, or contained on the Company’s Sites including without limitation user profiles, posts, comments, articles, software codes and all other information in any and every format now existing or that may be created in the future including without limitation text, graphic designs, still images and multimedia (collectively, the “Content”), including without limitation User Content (as defined herein). “User Content” means all information, posts, comments, reviews, user profiles, behavioral data and narratives that you or any other user of the Sites posts, submits, or otherwise transmits and/or uploads to any of the Sites.
By submitting any User Content and/or your name, user name, telephone number, email address, physical address, social media usernames and passwords, and/or any other personally identifiable information and/or personal data to the Sites, you represent and warrant to the Company as follows: you own and/or possess the full and exclusive right to utilize and license any and all User Content; such User Content does not infringe the copyright and other intellectual property right or any other right of any third party; and none of the User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of the Company’s Sites shall be subject to any obligation on the part of the Company whatsoever, to the extent permitted by applicable law, including without limitation confidentiality, attribution or otherwise. Your access to and use of the Company’s Sites and all Content are also subject to all applicable law and regulations. The Company shall not be liable whatsoever for any use or disclosure of any User Content, whether intentional, inadvertent, resulting from hacking or otherwise. Also, the Company shall not be liable whatsoever for any use or disclosure of any Content obtained by the Company from any third party, including without limitation from publishers, authors, open educational resources or educational institutions, whether intentional, inadvertent, resulting from hacking or otherwise.
You agree to assume full and sole responsibility for any and all User Content that you directly or indirectly post, share, submit or otherwise transmit and/or upload to any of the Company’s Sites. You agree to maintain any and all copyright, trademark, other intellectual property and/or other proprietary or other notices embedded in or attached to any User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of the Company’s Sites. You hereby grant to the Company and its licensees, successors and assigns a fully-paid, non-exclusive, royalty-free, worldwide, perpetual, sub-licensable, transferable license to use, reproduce, post, edit, modify, redact, advertise, promote, host, cache, copy, perform, display, transmit, upload, transfer, control, download, record and/or otherwise deal with or exploit such User Content for any and all purposes whatsoever. You agree that neither you nor any other party shall be entitled to receive any payment, royalty, license fee and/or remuneration for the Company’s exercise or non-exercise of its rights under such license.
Requirements to Use and Access the Sites
You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of the Company’s Sites. You agree not to access or use any of the Company’s Sites in any way that is unacceptable or illegal, as determined by the Company in its sole and absolute discretion. Specifically and without limitation, you agree not to do or attempt to do any of the following things:
- Directly or indirectly submit User Content or any other material in any medium whatsoever that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, profane, threatening, malicious, unlawful, invasive of privacy or publicity rights, intended to be used for any unlawful purpose, fraudulent, false or misleading, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity, actually or potentially infringes the copyright, trademark, patent, trade secret, privacy, publicity, or any other right of any person or entity including without limitation the Company, violates any applicable law, statute, ordinance, regulation or guideline (including without limitation applicable law, statute, ordinance, regulation or guideline concerning anti-discrimination, export controls, false advertising or unfair competition) or may give rise to civil liability.
- Directly or indirectly modify, adapt, sub-license, translate, sell, reverse engineer, decompile, re-create, and/or disassemble any portion of the Sites or their software or source codes or attempt to do any of the foregoing.
- Directly or indirectly remove or change any copyright, trademark, other intellectual property or other proprietary notices contained in the Company’s Sites, including without limitation any and all such notices that may be embedded in or attached to any Content.
- Directly or indirectly create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication, including without limitation through User Content.
- Directly or indirectly post or transmit “spam,” unsolicited email, text or any other messages in any medium whatsoever, or any other unsolicited commercial or other communication of any kind whatsoever other than in connection with your appropriate use of the Sites, as determined by the Company in its sole and absolute discretion.
- Directly or indirectly enable high volume, automated, electronic processes that apply to the Sites and/or its systems.
- Directly or indirectly express or imply that any statements you make and/or any User Content that you submitted are endorsed by the Company.
- Directly or indirectly “hack” or deface, in any way and to an extent, all or any portion of any of the Company’s Sites or directly or indirectly facilitate such hacking or defacing or attempt to do any of the foregoing.
- Directly or indirectly interfere with, disrupt, and/or gain unauthorized access to other user accounts on any of the Company’s Sites or any other computer network or attempt to do any of the foregoing.
- Directly or indirectly post or transmit viruses, corrupted files, malware, ransomware, spyware, Trojan horses, worms, defects, phishing, date bombs, time bombs, bugs, executables computer codes, scripts, applications and/or programs or other items of a destructive nature that may damage, expropriate, intercept or interfere with any data, information, property or system of any person or entity (including without limitation the Company) or that may damage or interfere with access to and/or use of the Sites by any person or entity (collectively, “Virus”) or attempt to do any of the foregoing.
- Access and/or use the Sites or any type of the software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt access to or use of the Sites by any person or entity or attempt to do any of the foregoing.
- Directly or indirectly restrict or inhibit any other person from using or accessing any of the Company’s Sites or attempt to do any of the foregoing.
- Directly or indirectly engage in data extraction, data analysis, data management, predictive analytics, data dredging, data snooping, phishing, data modeling, data classification, data reproduction, behavioral analysis, data surveys and/or data mining or attempt to do any of the foregoing.
- Directly or indirectly transfer, store or otherwise utilize or affect any Content residing or exchanged over any of the Company’s Sites in any electronic network, including without limitation a peer-to-peer network for use by more than one user, or attempt to do any of the foregoing.
- Directly or indirectly collect, use and/or store any information about other users of any of the Company’s Sites, whether the information is personally identifiable, de-identified and/or aggregated with information concerning other people, including without limitation other users of the Sites or attempt to do any of the foregoing.
- Use the Company domain name as a false or disguised return email address.
ANY DIRECT OR INDIRECT ATTEMPT BY ANY PERSON TO DAMAGE ANY OR ALL OF THE COMPANY’S SITES MAY BE A VIOLATION OF APPLICABLE LAW. IF YOU MAKE ANY SUCH ATTEMPT, THE COMPANY RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Copyrights, Trademarks and Copyright Agent
The Company’s Sites and all Content contained on and/or submitted to the Company’s Sites constitute intellectual property belonging exclusively to the Company and/or their respective owners and are protected by international, federal and state copyright, trademark, patent, trade secret, and other laws and treaties. All copyrights and trademarks which are not the property of the Company that is used or referred to on the Company’s Sites are the property of their respective owners. Nothing contained in the Company’s Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of the Company or any other person or entity, whether by implication, laches, estoppel, explicit grant or otherwise. Any modification, copying, republication, redistribution, creation of derivative works, public performance of any or all of the Content, is strictly prohibited. ANY UNAUTHORIZED USE OF CONTENT AND/OR OTHER MATERIALS ON THE COMPANY’S SITES SHALL BE A VIOLATION OF THESE TERMS AND MAY VIOLATE APPLICABLE LAW AND/OR SOCIAL MEDIA PLATFORM RULES.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to the Company’s designated agent. If you believe that your User Content or other materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to the Company’s designated agent:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work that you claim has been infringed;
C. A description of the location on the Sites where the material that you claim is infringing is located;
D. Your name, address, telephone number and email address;
E. A written 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; and
F. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
Ambassador Designated Agent
Ambassador College Bookstores, Inc.
445 Broad Hollow Road, Suite 206
Melville, New York 11747
The Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are repeat infringers of copyright.
The Company name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners. You are not permitted to use such marks without the prior written permission of the Company or their respective owners, as the case may be.
Transfer of Content
The Company makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. By downloading Content or posting, submitting, or otherwise transmitting and/or uploading User Content, a user of the Sites expressly agrees that such use is not in a country where such activity is prohibited or is a person or entity for which such activity is prohibited. Each user of the Sites is solely responsible for compliance with the laws of such user’s specific jurisdiction regarding the import, export, or re-export of the Content, including without limitation any User Content.
Disclaimer of Warranty; Limitation of Liability
The Sites and all Content thereon and/or delivered to you from, through, or via any of the Sites is provided to you “as is” and “as available”, without any warranties of any kind, express or implied, including without limitation warranties of title, warranty against intellectual property infringement, or implied warranties of merchantability or fitness for a particular purpose by the Company, its subsidiaries, affiliates, licensors, service providers, or their respective members, managers, officers, employees, agents, representatives, contractors, successors, predecessors and assigns (collectively, the “Company Parties”).
The Company makes no representations or warranties whatsoever about the Content or any other information whatsoever contained on the Sites, and the Company shall not have any responsibility or liability to you and/or to any other person or entity for same. You agree and understand that you must evaluate and bear all risks associated with accessing and/or using any of the Sites, including without limitation those risks associated with reliance on the accuracy, thoroughness or utility of any Content and/or any other information whatsoever.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER FOR LOST OR ANTICIPATED PROFITS, DELAY DAMAGES OR LOSS OF INFORMATION RESULTING FROM OR RELATED TO: (I) THE OPERATION OF THE COMPANY’S SITES, ANY INFORMATION, CONTENT OR USER CONTENT LOCATED ON OR TRANSMITTED TO, THROUGH AND/OR FROM THE COMPANY’S SITES, INCLUDING WITHOUT LIMITATION THE TRUTHFULNESS, RELIABILITY, ACCURACY OR COMPLETENESS THEREOF; (II) YOUR RELIANCE ON ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION WHATSOEVER THAT IS LOCATED OR TRANSMITTED TO, THROUGH AND/OR FROM THE COMPANY’S SITES; WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION WHATSOEVER ACCESSIBLE FROM THE COMPANY’S SITES OR THE PURCHASE OF ANY ITEM(S) THEREFROM, OR WHETHER OR NOT SUCH ALLEGED DAMAGES ARE ALLEGED TO HAVE BEEN CAUSED BY ERRORS, VIRUSES OR OTHER HARMFUL MATERIAL, INTERRUPTIONS, OMISSIONS, NEGLIGENCE OR IN ANY OTHER MANNER WHATSOEVER IN CONNECTION WITH THE CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION CONTAINED ON ANY OF THE COMPANY’S SITES, EVEN IF SUCH DAMAGES WERE FORESEEABLE.
By your acceptance of these Terms and your access and/or use of the Company’s Sites and as a material condition of such access and/or use, you represent and warrant to the Company that you are at least thirteen (13) years old. You also represent and warrant to the Company that you have provided accurate and complete information in all of your communications with the Company including without limitation your username and password if any.
The Company strives to provide accurate Content and information. The Company, however, is not responsible for any errors or omissions in any Content, postings or submissions on the Sites or for any results obtained from the use of any Content and/or any other information that is accessible on or from the Sites. The Company cannot and does not make any promises, representations, warranties or guarantees about the accuracy, completeness or adequacy of the Content or other information accessible on or from the Sites.
In no event shall the Company be liable for any damage to your device hardware, software applications, mobile devices, wearable devices, Internet of Things devices, networks and/or any other technology or property that may occur on account of your access to or use of the Company’s Sites or your downloading of Content or any other information or materials from or through the Sites, whether caused by a Virus or any other reason. Content and other information contained on the Sites may contain technical inaccuracies and/or typographical or other errors, for which the Company expressly disclaims any and all liability and responsibility. The Content and all other information contained on the Sites may be changed at any time without prior notice.
The Company does not routinely monitor the Sites, User Content or other information that is posted by any person or entity (other than the Company) to any and all sections of the Sites. However, the Company reserves the absolute and unconditional right to monitor the Sites and User Content and to edit, modify, remove, redact, consolidate and/or clarify any User Content and/or other information that the Company in its sole and absolute discretion considers inappropriate, unlawful and/or for any other reason whatsoever. The Company’s exercise of such reserved rights shall not create any obligation whatsoever for the Company to continue any such monitoring, editing, modifying, removing, redacting, consolidating or clarifying.
Third Party Content
The Sites may provide third party hyperlinks to and/or other methods of viewing, accessing and/or using other web pages, websites, links, social media sites, and platforms, applications, digital content including without limitation eBooks or digital access, and other resources that are available on the Internet, including without limitation publishers, authors, open educational resources and educational institutions (collectively, “Third Party Content”). The Company has no control over any Third Party Content that you view, access and/or use via such hyperlinks or otherwise. The presence of such hyperlinks to and/or other methods of viewing, accessing and/or using Third Party Content on the Sites in no way implies that the Company endorses or has in any way examined any Third Party Content. The Company expressly disclaims any and all responsibility for any Third Party Content or for the consequences of your viewing, accessing and/or using any Third Party Content, or for any content, advertising, products, items, services, information or other materials on or available from such Third Party Content. The Company makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided to users on an “as is” and “as available” basis, solely as a convenience to our users. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to have been caused in connection with your viewing, accessing, using and/or relying upon any Third Party Content or any advertising, products, items, services, information or other materials that may be available on or through any such Third Party Content.
It is your sole responsibility to take any and all precautions that you deem necessary and/or appropriate to ensure that any Third Party Content that you may choose to view, access and/or use is safe, appropriate for you and/or any other person (including without limitation children) who may be viewing, accessing and/or using such Third Party Content in connection with you, and does not contain any inaccuracies, omissions, Viruses and/or other items of a destructive nature. The Company shall have no liability whatsoever for any of the foregoing matters concerning Third Party Content.
Use of the Company’s Social Media Sites
Company User Accounts
Certain areas of the Websites are accessible only to users who are authorized by the Company to create a user account and who provide the information requested by the Company for such user account (the “Company Users”). Among other things, the Company Users may make transactions with the Company and/or, in accordance with an applicable Company Agreement, access certain data from the Company. Each Company User will have a unique username and password in order to access certain areas of the Websites accessible only to Company Users. As a Company User, you shall keep your username and password confidential and shall not distribute to or share your username or password with any other person or take any other action which may compromise your user account. The Company expressly disclaims any and all responsibility for any disclosure or breach of confidentiality regarding your username and password. You shall be responsible for all consequences and damages arising from all uses of your username and password, whether or not authorized by you, including without limitation for any disclosure or breach of confidentiality of same, and the Company expressly disclaims any and all responsibility for same. You shall immediately notify the Company upon becoming aware of any unauthorized access of such username and password or any other security breach in connection with your Website(s) account. You shall also be responsible for keeping the contact information associated with your Website(s) account current.
The Company Users may receive notifications regarding transactions with the Company. Each Company User is urged to use its independent judgment to determine if any item(s) on the Websites are suitable for its specific needs.
You acknowledge that a large volume of information is available on the Sites, including without limitation on the Websites, and that users participating on the Sites may intentionally or unintentionally post User Content, messages or make statements that are inaccurate, misleading, incomplete or deceptive. The Company neither endorses nor is responsible for any User Content, messages or statements or for any opinion, advice, information, or other statement uploaded to and/or accessible on the Sites. Opinions, comments and other statements expressed by users of the Sites, including without limitation on the Social Media Sites, are theirs alone and are not opinions or the responsibility of the Company. User Content is the sole responsibility of the users who post or upload such User Content and the accuracy and completeness thereof is not endorsed or guaranteed by the Company. The Company is not responsible for any dispute that arises among users of the Sites, including without limitation in connection with the Social Media Sites.
You acknowledge that due to the immediate nature of the Internet, the Company may not censor, approve, edit or endorse information uploaded, linked or made accessible on the Sites by users, including without limitation on the Social Media Sites. The Company cannot and does not guarantee or warrant that inappropriate or illegal material shall not be posted on the Sites, including without limitation on the Social Media Sites. You understand that by accessing and using the Sites, including without limitation the Social Media Sites, you may be exposed to Content that may offend you. In such event, your sole and exclusive remedy are to avoid such Content by discontinuing your access to and use of the Sites.
Company Terms of Sale
The Company does not intend the Websites to be used by individuals under the age of eighteen (18) years (a “Minor”) without the supervision of a parent or guardian 18 years of age or older (a “Guardian”). The Company relies upon Guardians to determine if any Content, information, item(s) or product(s) available on the Websites are appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Websites only with the express consent of such Minor’s Guardian. No child under the age of 13 is permitted to use the Websites.
By engaging in any transaction through the Websites, you represent that you are at least eighteen (18) years of age, are otherwise of legal age to enter into these Terms or that you are a Guardian acting on behalf of a Minor, and that in any such case you are forming a binding agreement with the Company. You represent and warrant that you are buying items from the Websites for your own (or for your Minor’s as applicable) personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States of America.
You agree that your transaction is an offer to buy, under these Terms, all items listed in your transaction. The Company does not and cannot guarantee or represent the availability of any of the items listed on the Websites. All transactions must be accepted by the Company or the Company will not be obligated to sell any item(s) to you. The Company may choose not to accept any transaction or may cancel any transaction at its sole and absolute discretion, even after you are sent a confirmation email with your transaction number and details of the item(s) as part of such transaction. The Company reserves the right, at its sole and absolute discretion, to offer exchanges, replacements or refunds on any item(s) purchased through the Websites via a transaction.
All prices posted on the Websites are subject to change without notice. The price for any item(s) on the Websites may differ from the price shown in a Company User’s shopping cart – it is possible that such price may increase or decrease between the times an item is placed in a shopping cart and the item is actually purchased. The Company strives to display accurate price information, however, the Company may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability of its items. The Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any transactions arising from such occurrences. The Company shall not be responsible for any inaccurate, wrong or mistaken information in connection with any items offered on the Sites or for any errors or omissions in posts on the Sites, including without limitation for any purchase price of items. IF A COMPANY USER PURCHASES AN ITEM FROM THE COMPANY THAT IS NOT AS DESCRIBED ON THE WEBSITES, SUCH USER’S SOLE AND EXCLUSIVE REMEDY IS, AT THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY, TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE. If the purchase price for any item is different than the price provided immediately prior to the time of purchase by a Company User, then, at the Company’s sole and absolute discretion, it may ship the item at the incorrect price to the benefit of such Company User. Please note that this policy regarding prices applies only to items sold and shipped by The Company. Any purchases from any third-party sellers on the Websites may be subject to different policies in the event of an incorrectly priced item.
Posted prices on the Websites do not include taxes or charges for shipping. All such taxes and charges will be added to your transaction total and will be itemized in your shopping cart and in your confirmation. You agree to pay any such taxes and charges specified for the item(s) purchased on the Websites. Sales tax is applied to the total amount of the transaction based upon applicable laws and any exemptions. Educational institutions, other like organizations, and other qualified groups and individuals, may be tax-exempt, where for example, the Company has such Company User’s tax-exempt certificate. Please contact the Company for further details regarding sales tax.
Payment must be received or, in the case of any voucher(s), agreed upon by the Company before acceptance of any transaction through the Website. The Company shall not be responsible for the processing of or delay in making any payments in connection with its Payment Processor (as defined herein). You agree that the Company may charge a separate service fee in connection with any transaction on its Websites. If a Company User purchases any item(s) from the Websites, the funds charged in connection with any such transaction may include any service fee charged by the Company and any fees, charges and/or costs associated with the use of the Payment Processor. To the extent that a Company User purchases items from the Websites, such Company User will be required to provide information to the Company’s third-party payment processor (the “Payment Processor”), which is currently PayPal, Inc., regarding such Company User’s identity, contact information and credit card or other payment instruments. PayPal, Inc.’s terms may be found at https://www.paypal.com. You agree to be bound by the terms, conditions, and policies of the Payment Processor.
In connection with the sale of items on the Websites and pursuant to a separate agreement between the Company and a Company User’s educational institution(s), the Company may provide vouchers to a Company User. In order to apply a voucher to purchase on the Websites, a Company User must follow any additional instructions supplied by the Company. If a Company User seeks to purchase any item(s) from the Company but has an insufficient voucher amount to pay for such item(s), at the Company’s sole discretion, the Company User may pay the difference by credit card. The Company reserves the right, at its sole discretion or in connection with a separate agreement with a Company User’s educational institution, to increase or decrease voucher amount(s) or to suspend the use of or terminate any voucher(s) by a Company User’s account.
The Company will arrange for shipment of any item(s) to you. Please check the Websites for specific delivery options. You will pay all shipping charges specified during the transaction process. Shipping charges are reimbursement for the costs the Company incurs in the processing, handling, packing, shipping, and delivery of your transaction. Title and risk of loss pass to you upon the Company’s transfer of the item(s) to the carrier for delivery. Shipping and delivery dates are estimates only. The Company is not liable for any delays in shipments of any item(s). Each Company User shall be solely responsible for examining and inspecting the condition and quality of the item(s) purchased through the Websites.
Questions, Comments, Contact Us
If you have any questions or comments regarding the Sites or these Terms, you may contact Ambassador College Bookstores, Inc. d/b/a Ambassador Education Solutions (the “Company”) as follows:
445 Broad Hollow Road, Suite 206
Melville, New York, 11747
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Use the Contact Us feature on the site
Last updated: April 1, 2020