Terms & Conditions

Welcome to Merybook (“Merybook”, “We”, “Us”, “Our”). These Terms & Conditions (“Terms”) govern your access to and use of the website located at merybook.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY ACCESSING, Browse, OR USING THE WEBSITE (INCLUDING SUBMITTING INFORMATION OR PLACING ORDERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

1. Website Access and Use

1.1. Limited License: Subject to your compliance with these Terms, Merybook grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website solely for the purpose of learning about and purchasing products offered for sale.

1.2. Eligibility: The Website is intended for users who are 18 years of age or older or the age of majority in their jurisdiction. By using the Website, you represent and warrant that you meet this age requirement.

1.3. User Accounts:

• Registration: To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Responsibility: You are solely responsible for maintaining the confidentiality of your account password and for restricting access to your computer and devices. You accept responsibility for all activities that occur under your account or password.
• Security: You agree to notify Merybook immediately of any unauthorized use of your account or any other breach of security. Merybook reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

1.4. Prohibited Uses: You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Merybook, a Merybook employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Merybook or users of the Website or expose them to liability.
• To reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without express written permission by us.
• To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• To reverse engineer, decompile, or disassemble any software or other products or processes accessible through the Website.
• Otherwise attempt to interfere with the proper working of the Website.

2. Products, Pricing, and Orders

2.1. Product Information: We aim to be as accurate as possible in our product descriptions, including textbook editions, conditions (new/used), and associated materials (like access codes). However, Merybook does not warrant that product descriptions, pricing, availability, or other content on the Website is accurate, complete, reliable, current, or error-free. Images are for illustrative purposes only.

2.2. Pricing and Availability:

• All prices are quoted in U.S. Dollars ($USD). Prices and availability are subject to change without notice.
• We cannot confirm the price or availability of an item until you place your order. Despite our best efforts, a small number of items on our Website may be mispriced or information regarding availability may be inaccurate.
• If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
• If an item becomes unavailable after you place an order but before shipment, we will notify you and may cancel the item from your order or the entire order, issuing a refund accordingly.

2.3. Order Process:

• Your submission of an order on the Website constitutes an offer to purchase the selected product(s) under these Terms.
• After you place an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). This Order Confirmation does not constitute acceptance of your order; it is only a confirmation of receipt.
• Acceptance of your order and the formation of the contract of sale between Merybook and you will not take place unless and until we have shipped your order and sent you a shipping confirmation email.
• We reserve the right to refuse or cancel any order for any reason, including but not limited to: product unavailability, errors in product descriptions or prices, suspicion of fraud, issues identified by our credit and fraud avoidance department, or violation of these Terms.

2.4. Sales Tax: Applicable sales tax will be calculated and added to your order total based on the shipping address and relevant tax laws. You are responsible for all applicable sales and use taxes.

2.5. Quantity Limits: We reserve the right to limit the quantity of items purchased per person, per household, or per order.

3. Payment

3.1. Payment Methods: We accept payment via Paypal. Accepted methods may change without notice.

3.2. Authorization: By submitting your order, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including product prices, taxes, and shipping fees).

3.3. Payment Security: We utilize third-party payment processors that comply with Payment Card Industry Data Security Standard (PCI-DSS). While we implement security measures, we cannot guarantee the security of your payment information. Please review our Privacy Policy for more details on data security.

3.4. Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed.

3.5. Payment Failure: If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. We will attempt to notify you and resolve the issue.

4. Intellectual Property Rights

4.1. Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Merybook, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. Trademarks: The Merybook name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Merybook or its affiliates or licensors. You must not use such marks without the prior written permission of Merybook.

4.3. Limited Use: These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

4.4. Prohibited Actions: You must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

5. Disclaimers of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER MERYBOOK NOR ANY PERSON ASSOCIATED WITH MERYBOOK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT (INCLUDING PRODUCT DESCRIPTIONS OR PRICING).

WITHOUT LIMITING THE FOREGOING, NEITHER MERYBOOK NOR ANYONE ASSOCIATED WITH MERYBOOK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MERYBOOK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MERYBOOK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL MERYBOOK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR PURCHASING PRODUCTS FROM THIS WEBSITE IN THE TRANSACTION GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Indemnification

You agree to defend, indemnify, and hold harmless Merybook, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, your violation of any law or the rights of a third party, or your use of any information obtained from the Website.

8. Governing Law and Dispute Resolution

8.1. Governing Law: All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

8.2. Dispute Resolution: At Merybook’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA) applying California law. The arbitration shall take place in Los Angeles. THE PARTIES WAIVE ANY RIGHT TO CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

8.3. Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

10. General Provisions

10.1. Entire Agreement: These Terms and our Privacy Policy, Shipping Policy, and Return and Refund Policy constitute the sole and entire agreement between you and Merybook regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

10.2. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

10.3. Waiver: No waiver by Merybook of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Merybook to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

10.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Merybook’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Merybook may assign or transfer these Terms, at its sole discretion, without restriction.

10.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Merybook (i) via email (in each case to the address that you provide) or (ii) by posting to the Website.

10.6. Force Majeure: Merybook shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11. Contact Information

Questions or comments about these Terms & Conditions should be directed to:

• Email: [email protected]