Terms

THIS AGREEMENT is made by and between K12Books.com Limited, a New York corporation doing business at K12books.com, hereinafter referred to as 'the Company,' and the person, school or company representative registering a new account hereinafter referred to as 'the User.'

WHEREAS, the Company is a provider of an online marketplace for the purchase and sale of new, used, and surplus textbooks and other educational materials; and

WHEREAS, the User wishes to list new, used, or surplus textbooks and other educational materials for sale in the Company's database;

NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and for other good and valuable consideration, the parties hereto hereby agree as follows:

  1. User may list new, used, and surplus textbooks and other educational materials on the Company's database following the listing instructions and format indicated on the Company's web site, address www.K12Books.com.

    Mailing addresses are as follows:

    K12Books.com Limited
    60 Main Street
    Scottsville, NY 14546

  2. By listing materials on the Company's web site, User is adopting and agreeing to the terms and conditions set forth herein and User shall read this agreement and provide the Company with an acknowledgement of acceptance thereof. The User shall then download a copy of the agreement.

  3. If User is an educational institution, individual, or company:
    User agrees to pay the Company the sum of 20% on all sales resulting from the use of K12books.com resources.

  4. The Company shall provide organization and exposure for the items User wishes to sell. Company shall provide free access to the materials database and shall dedicate sufficient resources to guarantee potential buyers ready access to the database. The Company shall update the database promptly and shall remove sold materials from the database promptly when notified of the sale by User. The Company shall dedicate such resources as it shall deem necessary to promote the database to book buyers.

  5. The Company shall diligently perform backup duties and ensure that listing information is not lost or deleted during the period of a listing.

  6. It is understood by User that the Company cannot guarantee the sale of educational materials and that it is up to the User to arrange all terms of sale, including shipping, with prospective buyers.

  7. All Users guarantee that they will use their best efforts to describe accurately and fairly the condition of all books listed and the Company shall take no responsibility for misleading listings or other misrepresentation by any User, provided, however, that if the Company receives credible complaints of misleading or fraudulent listings by any User, that User shall be banned from advertising items for sale on the Company's database. All decisions shall be the sole prerogative of the Company and all Users hereby agree that they will have no appeal or other recourse against the Company's decision not to advertise their materials.

  8. In the event that any items listed for sale by any User shall remain on the Company's database for a twenty-four month period, the Company may, in its sole discretion, delete those listings and a new listing fee must then be paid by the User to re-list those materials.

  9. The Company shall use its best efforts to list all information supplied by Users completely and accurately but it shall be the responsibility of the User to draw inaccuracies to the attention of the Company. All such inaccuracies shall be corrected in a timely manner. If the User does not inform the Company of inaccuracies, User shall be deemed to affirm the accuracy of the information listed by the Company.

  10. This agreement contains the entire agreement between the parties.

  11. This agreement shall be governed by the laws of the State of New York.


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