END USER LICENSE AGREEMENT
NOTICE: ACCESS TO AND USE OF THIS WEBSITE AND ANY ONLINE APPLICATIONS, SOFTWARE OR CONTENT AVAILABLE THROUGH THIS WEBSITE IS SUBJECT TO YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO AND YOU WILL NOT BE ABLE TO ACCESS OR USE THIS WEBSITE OR ANY ONLINE APPLICATIONS, SOFTWARE OR CONTENT AVAILABLE THROUGH THIS WEBSITE.
This End User License Agreement (the “Agreement”) by and between you (“You”) and CCH Incorporated (“CCH”) governs Your access to and use of (i) the applicable ebooks you have licensed (the “Ebooks”), (ii) the online content associated therewith (the “Online Content”), (iii) the online application software and platforms (including this website) through which such Ebooks and Online Content are made available to You (the “Platform”), and (iii) any related services, software, or other solutions provided by CCH (collectively (i) through (iv), the “Casebook Connect Product(s)”). By clicking to accept this Agreement, You acknowledge that You have read, understood and agree to be bound by this Agreement, and You agree to comply with all applicable laws and regulations in Your use of the Casebook Connect Product(s) licensed hereunder, including U.S. export and re-export control laws and regulations. The Casebook Connect Product(s), including all Ebooks and Online Content incorporated therein, are protected by law, including, but not limited to, United States copyright law and international treaties.
PLEASE ALSO REFER TO THE WOLTERS KLUWER LAW & BUSINESS PRIVACY STATEMENT FOR MORE INFORMATION ABOUT HOW CCH COLLECTS AND USES YOUR PERSONAL INFORMATION. THE PRIVACY STATEMENT CAN BE FOUND LINKED FROM THE CONNECTED CASEBOOK WEBSITE.
1.1. User Type. Full access to the Casebook Connect Product(s) is available only to (i) individuals who have rented one or more applicable physical textbooks from one of CCH’s distributors and have licensed access to the Ebooks and the Online Content associated therewith (each such individual, a “Book Rental Program User”), or (ii) individuals who have licensed or otherwise obtained access directly from CCH or one of its affiliates or distributors to the Ebooks and the Online Content (each, an “Online-Only User”).
1.2. User Licenses. CCH grants You a non-transferable, nonexclusive, limited license to access and use the applicable Casebook Connect Product(s) via the Platform during the applicable Subscription Term for the Permitted Use (as defined below), subject to the terms and conditions of this Agreement. As used herein, “Subscription Term” means (i) with respect to the Online Content, a period of one (1) year; and (ii) with respect to the Ebook(s), the period during which CCH, in its sole discretion, makes the applicable Ebook(s) commercially available.
1.3. Trial User License. CCH may, in its sole discretion, grant individuals access to certain Casebook Connect Product(s) for a limited preview or trial period in order for such individuals to preview and evaluate certain Casebook Connect Product(s) before the purchase and/or adoption of the applicable Casebook Connect Product(s) (“Trial Access” and each such individual a “Trial User”). If You received Trial Access to any Casebook Connect Product(s), then CCH grants You the non-transferable, nonexclusive, limited license to access and use the applicable Casebook Connect Product(s) during the specified trial period for the sole purpose of evaluating the applicable Casebook Connect Product(s), subject to the terms and conditions of this Agreement. If You are granted Trial Access and decide not to license access to the Casebook Connect Product(s) at the end of such period designated by CCH for Your Trial Access, Your authorization to access and to use the applicable Casebook Connect Product(s) automatically terminates and You must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to the applicable Casebook Connect Product(s).
1.4. Access. You agree not to give or make available Your username, password, access code or other authentication method (including without limitation, Your email address or Internet Protocol address, if applicable) used to access Your account to any unauthorized individuals. You remain responsible for all access to the Casebook Connect Product(s) via Your username, password, access code, or other authentication method, even if not authorized by You. If You believe that Your username, password, access code, or other authentication method used to access Your account has been lost or stolen or that an unauthorized person has or may attempt to use the Casebook Connect Product(s), You must immediately notify CCH at email@example.com. Any access or attempt to access for any reason areas of the CCH computer system or other information thereon is strictly prohibited. You agree that You will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Casebook Connect Product(s) in whole or in part. You will not spam or send unsolicited e-mail to any other user of the Casebook Connect Product(s) for any reason. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Casebook Connect Product(s). You agree that You will not take any action that imposes an unreasonable or disproportionately large load on CCH’s infrastructure.
1.5. Updates and Discontinuation. CCH may, but has no obligation to, update, modify or replace the Casebook Connect Product(s) from time to time. CCH reserves the right to discontinue offering access to all users of a Casebook Connect Product, or a portion thereof, through any or all platform(s) at any time for any business reason (such as discontinuation of the applicable Casebook Connect Product). CCH will use commercially reasonable efforts to provide at least thirty (30) days’ notice of any such discontinuation. In the event that CCH discontinues offering access to an Ebook via the Platform, CCH will offer You the opportunity to obtain a perpetual license to such Ebook, upon Your request within thirty (30) days of Your receipt of notice that such access will be discontinued, and provide You with one (1) electronic copy of the discontinued Ebook. Upon completion of such download, CCH grants You a non-transferable, nonexclusive, limited license to access and use the applicable Ebook on a perpetual basis for the Permitted Use (as defined below), subject to all applicable terms and conditions of this Agreement.
1.6. Termination of Access. If You fail to comply in any way with this Agreement, this Agreement and Your authorization to access and to use the Casebook Connect Product(s) will automatically terminate. If You are a Book Rental Program User, Your access to the Casebook Connect Product(s) is subject to Your compliance with Your applicable rental agreement for the physical textbook, including return of such physical textbook at the end of the rental period, and any termination of such rental agreement will automatically terminate this Agreement and Your authorization to access and to use the Casebook Connect Product(s). Upon any termination or expiration of this Agreement, You must immediately destroy any downloaded or printed materials and discontinue use of the Casebook Connect Product(s).
2. Proprietary Rights and Use of the Casebook Connect Product(s).
2.1. Proprietary Rights. No provision of this Agreement conveys any ownership interest to You in or to any of the Casebook Connect Product(s), including site design, text, graphics, interfaces, and the selection and arrangements thereof, in whole or in part, and, except for the express licenses herein, all intellectual property rights, including copyright, patent, trademark and trade secret, are retained by CCH and its affiliates, licensors, and collaborators, all rights reserved. The trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) used and displayed on the Casebook Connect Product(s) are registered and unregistered trademarks, service marks and/or trade dress of CCH and its affiliates, licensors, and collaborators, and You many not copy, imitate or use the Trademarks, in whole or in part, for any purpose. No license or other right to use any Trademark used or displayed on the Casebook Connect Product(s) is granted to You.
2.2. Additional Terms. Your access to and/or use of any current or future Casebook Connect Product(s) may be subject to and require Your acceptance of additional terms and conditions, including (i) terms and conditions governing access to and use of the Platform, and (ii) terms and conditions governing use of any content and software supplied or licensed to CCH by third parties (“Third Party Material”) that may be incorporated into the Casebook Connect Product(s), as made available by CCH from time to time, in electronic or print form. In the event of changes in the terms applicable to Third Party Material, CCH reserves the right to terminate access to such Third Party Material, remove such Third Party Material from the Casebook Connect Product(s), modify the Third Party Material accessible hereunder, or add additional terms and conditions applicable to such Third Party Material, in each case effective immediately upon notice being made reasonably available to You. In the event of any conflict between the terms hereof and the terms governing the Third Party Material, the terms governing the Third Party Material will control.
2.3. Enforcement of Rights. You hereby grant to CCH and its affiliates, licensors, and collaborators the right to enforce or assert on their own behalf the provisions of this Agreement.
2.4. Permitted Use. As used herein, “Permitted Use” means use of the Casebook Connect Product(s) for the following limited purpose: You may use the Casebook Connect Product(s) as a reference and/or educational tool and may print or download materials from the Casebook Connect Product(s) (where CCH has made such materials available for printing or downloading) solely for Your own personal, non-commercial, informational or scholarly use, provided that You keep intact all copyright and other proprietary notices.
2.5. Restrictions on Use. You will not (a) use, or permit the use of, the Casebook Connect Product(s) except in accordance with the terms of this Agreement; (b) modify, translate, reverse engineer, decompile, disassemble, create derivative works of, or otherwise attempt to derive or alter any source code of the Casebook Connect Product(s) or any underlying software; (c) copy or permit the copying of the Casebook Connect Product(s), other than copying in accordance with the Permitted Use; (d) use the Casebook Connect Product(s) to provide service bureau, time sharing, or similar services to third parties; (e) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, or encumber the Casebook Connect Product(s); (f) permit access to the Casebook Connect Product(s) to any other person; (h) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing in the Casebook Connect Product(s); or (g) use the Casebook Connect Product(s) or information contained therein or results derived therefrom to develop any product(s) or service(s) which could be competitive with the Casebook Connect Product(s) or any other product(s) or service(s) provided by CCH. Redistribution of the Casebook Connect Product(s) for any purpose is strictly prohibited. Any use or attempted use of the Platform, the Casebook Connect Product(s) or the Content therein other than as specifically authorized herein, without the express prior written permission of the CCH is strictly prohibited and will, among other things, terminate this Agreement and all licenses granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws. Except for the express licenses granted herein, nothing in this Agreement will be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. Upon any termination of Your right to access any particular Casebook Connect Product(s), You must destroy, as applicable, all copies of any materials from the Casebook Connect Product(s) for which access was terminated.
3. Links and Content Uploads.
3.1. External Hyperlinks. The Casebook Connect Product(s) may provide links to third party web pages. Such links to third party websites on the Casebook Connect Product(s) are provided solely as a convenience to You. If You use these links, You will leave the Casebook Connect Product(s). CCH has not reviewed these third party websites and does not control and is not responsible for any of these third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. CCH does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Casebook Connect Product(s), You do so entirely at Your own risk. You acknowledge and agree that CCH will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites.
3.2. Ownership of Content Uploads. Certain of the Casebook Connect Product(s) may provide functionality that allows You to upload content that may include information, text, images, audio, video, and any other content (“Your Content”) and may permit the public posting, viewing and sharing of Your Content with others. You retain ownership to Your Content that You submit for inclusion into the Casebook Connect Product(s). However, by submitting Your Content, You hereby grant CCH and its affiliates a transferable, non-exclusive, sub-licensable, worldwide, perpetual and royalty-free right and license to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform Your Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to You or any third party. You grant CCH and its affiliates all licenses, consents and clearances to enable CCH to use Your Content for such purposes. You waive and agree not to assert any moral or similar rights You may have in Your Content. If the Casebook Connect Product on which You contribute Your Content permits other users to access and use Your Content as part of the Casebook Connect Product, then You also grant all other users of the Casebook Connect Product the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute Your Content on or through the Casebook Connect Product without further notice, attribution or compensation to You. You may not upload or post any content on the Casebook Connect Product(s) that infringes the copyright, trademark or other intellectual property rights of a third party nor may You upload any content that violates the law, this Agreement and/or any third party's right of privacy or right of publicity. By posting any of Your Content on the Casebook Connect Product(s), You represent and warrant that You have the lawful right to distribute and reproduce Your Content. You are solely responsible for creating backup copies of and replacing any of Your Content You post or store on or through the Casebook Connect Product(s) at Your sole cost and expense. Notwithstanding the foregoing, CCH will not share Your Content with other users of Casebook Connect or more generally with the market without your approval for such sharing, which you must opt in to, using sharing preferences tools in the website. For clarity, until and unless you opt in to sharing Your Content in this way, we will not share Your Content with other users. CCH may share aggregate data for all users, including Your Content in a non-personally identifiable way, with other Connected Casebook users.
3.3. Content Upload Restrictions. You are solely responsible for any of Your Content that You submit, post or transmit via the Casebook Connect Product(s). You may not post or submit any of Your Content that:
This list of prohibitions provides examples and is not complete or exclusive.
3.4. Monitoring of Content Uploads. CCH will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all Your Content, and may remove or require You to remove any or all Your Content that CCH, in its sole discretion, deems to be a violation of this Agreement, or is offensive, inappropriate, illegal or harm or threaten the safety of any person. In addition, CCH has the right to remove Your Content if CCH has reason to believe that displaying such content may infringe the rights of a third party or subject CCH to expense or liability. You acknowledge and agree that CCH will not assume or have any liability for any action or inaction by CCH with respect to any Your Content.
3.5. Use of Your Content and Other Information. By entering into this Agreement, You agree that CCH may store the information You provided as part of the registration process and use aggregate, non-personally identifiable statistical information about Your usage of the Casebook Connect Product(s) for any purpose, including commercial use and use in improving and marketing its products and services. In addition, You further agree that CCH may share such aggregate statistical information about Your usage of the Casebook Connect Product(s) with its affiliates, licensors, collaborators, service providers, and other third parties, in CCH’s sole discretion. Please also refer to the Wolters Kluwer Law & Business Privacy Statement for more information about how CCH collects and uses your personal information. The Privacy Statement can be found linked from the Connected Casebook website.
3.6. Commentary. The Casebook Connect Product(s) may contain areas where You are encouraged to communicate with CCH, including, providing commentary, testimonials, and/or additional information concerning the Casebook Connect Product(s). By communicating with CCH on or about the Casebook Connect Product(s), You grant CCH and its affiliates a transferable, non-exclusive, sub-licensable, worldwide, perpetual and royalty-free right and license to publish Your communications on the Casebook Connect Product(s), use such commentary in any promotion of the Casebook Connect Product(s) and to attribute the communications to the name and/or entity associated with such communication. You further represent and warrant that You own all rights to the communication and that such communication does not infringe upon or otherwise violate the rights of any third party. CCH has the right, but not the obligation (except as otherwise required by law), not to post or, in the alternative, to remove any communication from the Casebook Connect Product(s) and/or to remove any user or prevent further communication by any user, at CCH’s sole discretion, which is defamatory, offensive, or otherwise objectionable, which infringes the rights of any third parties or which fails to comply with this Agreement. Any user who infringes the rights of third parties may be denied access to the Casebook Connect Product(s) to post information of any kind. You acknowledge and agree that CCH may preserve communications and disclose communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to any claims that any communication violates the rights of third parties; or (d) protect the rights, property, or personal safety of CCH, its users and/or the public.
4. No Warranty; Disclaimer.
4.1. THE CASEBOOK CONNECT PRODUCT(S) ARE FURNISHED BY CCH AND ACCEPTED BY YOU “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. CCH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CASEBOOK CONNECT PRODUCT(S), AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE CASEBOOK CONNECT PRODUCT(S), OR THE RESULTS DERIVED THEREFROM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, CURRENCY, SUITABILITY, SYSTEM AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE). NO CCH EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS THE WARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT ACCESS TO THE CASEBOOK CONNECT PRODUCT(S) MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY ISSUES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THAT CCH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE CASEBOOK CONNECT PRODUCT(S) MAY BE OUT OF DATE, AND CCH MAKES NO COMMITMENT TO UPDATE THE CASEBOOK CONNECT PRODUCT(S). CCH DOES NOT WARRANT THAT CASEBOOK CONNECT PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE CASEBOOK CONNECT PRODUCT(S) WILL BE CORRECTED
4.2. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE PARTICULAR CASEBOOK CONNECT PRODUCT(S) TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE USE OF CASEBOOK CONNECT PRODUCT(S) AND TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF CASEBOOK CONNECT PRODUCT(S), INCLUDING THOSE TO ANY THIRD PARTY, AND FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS. CCH AND ITS LICENSORS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES. IF LEGAL, ACCOUNTING, TAX OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
All DMCA notices should be sent to CCH’s designated agent as follows:
Copyright Agent for CCH Incorporated
Office of the General Counsel
Wolters Kluwer North American Shared Services
2700 Lake Cook Road
Riverwoods, IL 60015
If You believe that any such material violates any intellectual property rights other than a copyright, please send to CCH at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (1) Your name and the name of Your company, if any; (2) Your contact information, including Your e-mail address; (3) the nature and substance of Your complaint, the specific rights at issue, and Your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” CCH may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
9.1. Assignment. You may not assign this Agreement in whole or in part, without the prior written consent of CCH. CCH may freely assign this Agreement to any affiliate or successor of CCH or in connection with any sale transaction or change of control transaction involving any of the Casebook Connect Product(s) and may delegate its duties, in whole or in part, in each case without Your consent. An assignee of either party authorized hereunder will be bound by the terms of this Agreement and will have all of the rights and obligations of the assigning party set forth in this Agreement. If any assignee refuses to be bound by all of the terms and obligations of this Agreement or if any assignment is made in breach of the terms of this Agreement, then such assignment will be null and void and of no force or effect.
9.2. Location. The Casebook Connect Product(s) are controlled and operated from within the United States. Without limiting any provisions of this Agreement, CCH makes no representation that the Casebook Connect Product(s) are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Casebook Connect Product(s) from other locations do so of their own volition and are responsible for compliance with applicable laws.
9.3. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the United States and the State of New York, without giving effect to the conflicts of law provisions thereof and excluding the United Nations Convention for Contracts for the International Sales of Goods. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts of New York County, New York for any litigation or disputed arising out of or related to this Agreement, (ii) agree not to commence any litigation arising out of or related to this Agreement except in the state or federal courts of New York County, New York, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
9.4. Entire Agreement; Severability. This Agreement and any other document expressly referenced herein, constitutes the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof. You acknowledge that there were no representations or promises made by CCH on which You have relied in entering into this Agreement that are not expressly stated herein. If any provision of this Agreement or its application to particular circumstances is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision (or its application to those circumstances) will be deemed stricken and the remainder of this Agreement (and the application of that provision to other circumstances) will continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the parties; the parties will replace the severed provision with the provision that will come closest to reflecting the intention of the parties underlying the severed provision but that will be valid, legal, and enforceable.
9.5. Notice. You acknowledge and agree that any notice or communication required or permitted hereunder to You shall be deemed to have been duly given if sent to the then-current email address associated with your account on the Platform.
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To continue, you must accept the Rental Terms and Conditions below.
Your Rental Return to us must be postmarked to us no later than:
A Pre-Paid rental return label will be available in your account 40 days after your rental starts.
Rental Returns postmarked after the due dates above may incur additional
charges, as outlined in our Terms & Conditions below.
Table of Contents:
1. No Obligation To Sell Mispriced Products Or Services
2. Pricing and Availability
3. Returning Books
4. Rental Period
5. Books Not Returned By Due Date/Automatic Extensions and Buyouts
6. Purchasing Your Rental
7. Extending Your Rental
9. Lost Books
10. Damaged Books Returned
12. What We Rent
13. Aspen Connected Casebooks™
14. Intellectual Property
15. Payment/Collection Information
16. Third Party Collection
18. Due to BarristerBooks' Error
19. Returning Books Not Rented From BarristerBooks
21. Governing Law
1. No Obligation To Sell Mispriced Products Or Services.
BarristerBooks shall have the right to refuse or cancel any orders for any lawful reason, including without limitation products/services listed at an erroneous price, rebate or refund, or containing any other incorrect terms, information or typographical errors, or orders involving potential fraud or account abuse as determined by BarristerBooks in its sole discretion. BarristerBooks shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is canceled, BarristerBooks will promptly issue a credit to your credit/debit card account in the amount of the charge.
2. Pricing and Availability
BarristerBooks offers a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Site may be unavailable from time to time. Since we have multiple supply sources and are constantly updating our inventory, our pricing may change upon checkout. Because of this, prices and availability of products on the Site are subject to change without notice. Please be sure to confirm the price stated at checkout – that is the price you will be charged.
Products may rent quickly and therefore there may be a change in the product’s availability from the time the product has been placed in a “cart” but before an order has been submitted. Similarly, you should understand that the pricing of products is dynamic and constantly changing based on many factors including product demand and availability, such that there may be instances where you are able to place a product in your “cart”, but upon submitting your order for processing, the pricing for such product may have changed. You agree that you are solely responsible for ensuring that any applicable pricing listed with respect to products in your order is acceptable to you immediately prior to submission of an order for processing. Upon submission of the order, you are solely responsible for all costs, charges and fees resulting therefrom.
On rare occasions, you may receive notice that an item listed on your order receipt has become out of stock. You agree that we may rescind our acceptance and we may cancel any product(s) in your order without penalty if we are unable to ship the product you ordered due to unavailability.
3. Returning Books
Your rental books should be postmarked by the last day of your rental period. We consider “postmarking” to be the act of printing your pre-paid shipping label and delivering your rental return shipment to UPS. All items that originally came with the book, such as, CDs, DVDs, access codes, inserts, workbooks, study guides, etc., must be returned with the book.
BarristerBooks is not responsible for any return shipment that does not follow our return procedures. This includes shipments that do not use a BarristerBooks UPS pre-paid shipping label. If you choose not to utilize a BarristerBooks return pre-paid shipping label, BarristerBooks will not reimburse you for return shipping costs. You are not allowed to request pick up. If you do, you will be charged for the associated cost.
Please note that our website may be down occasionally for regular maintenance during off-peak hours. We try to keep downtime as short and infrequent as possible, but it is always best to print your return shipping label a couple days before you plan on sending back your books. BarristerBooks is not responsible for books that are returned late due to Site maintenance.
4. Rental Period
Your rental begins on the date your book is delivered, based on your tracking number, and must be shipped back to us by the last day of your rental period, as noted on your order confirmation screen, order confirmation email and in your Customer Account. Otherwise, you will be charged accordingly (see the following section: Books Not Returned By Due Date/Automatic Extensions and Buyouts section).
5. Books Not Returned By Due Date/Automatic Extensions and Buyouts
If your book is not shipped back to us by your rental due date of your rental period, you may automatically be charged an additional 10% of your rental as a late fee. If your book has still not been shipped back to us by the 14th day after the due date of your initial rental period, you may automatically be charged the “buyout price”. The buyout price equals the publisher list price of a new copy of the book plus any applicable sales tax, minus what you’ve already paid to rent the book, including any paid rental extensions and late fees. When we say “shipped back” we mean that your pre-paid UPS shipping label must have been printed and your return shipment accepted by UPS.
A rental buyout occurs in one of three ways: (1) you may elect a buyout at any time by contacting us directly (although some titles are not eligible for buyout); or (2) a buyout will be deemed to have occurred if the book has not been returned within the 14-day post-due date period described above. Once you pay the buyout price of a book, it becomes your property.
If you have not returned the book by the due date and we are unable to charge your credit/debit card, it is your responsibility to pay the fee immediately. You will be notified via email if your credit/debit card was declined. If you do not pay all amounts due within 7 days of notice of the declined charge, BarristerBooks will turn your account over to a third-party collection agency.
6. Purchasing Your Rental
You have the option of buying out your rental. If you want to buy out your rental, you will be charged the publisher list price of a new copy of the book plus any applicable sales tax, minus what you’ve already paid to rent the book, including any rental extensions or late fees. Certain titles are not eligible to be bought out.
To buy a book you are renting, please contact us directly at custserv@BarristerBooks.com or 1-866-808-5635 (M-F 9am-5pm CST).
7. Extending Your Rental
If you wish to keep your rental past its due date, you can choose to extend your due date in the View Cart section of Checkout. If you wish to extend your rental after you have already taken possession of the rental item, please contact us directly custserv@BarristerBooks.com or 1-866-808-5635. Additional charges may apply to rental extensions.
During your rental period, all rental items remain the exclusive property of BarristerBooks. Your acceptance of the rental item and paying rental fees entitles you only to limited use of BarristerBooks’s property for a specified amount of time and subject to the terms and conditions of this Agreement. At the end of the rental period, you have no further right to use/possess the rental item.
9. Lost Books
During the rental period you are deemed to be solely responsible for the rented item, and you are responsible if it is damaged, lost or stolen (whether or not caused by you). If you do not return the item at the end of your rental period, your credit/debit card will be charged the corresponding buyout price (see the Books Not Returned By Due Date Section above).
10. Damaged Books Returned
Except for items rented under the Aspen Connected Casebook program (which have no damage, writing or highlighting restrictions, and are not subject to the terms of this section), all rental items are required to be kept in the same condition in which they are received (absent normal wear-and-tear and moderate writing/highlighting). If a rental item is returned to us as damaged and rendered unusable, it will remain the property of BarristerBooks and you may be charged an amount up to the buyout price for the item. You are responsible for damage caused during the rental period and in transit back to BarristerBooks because of insufficient/improper packaging.
You agree that BarristerBooks’ evaluation of an item’s condition shall be final and binding.
Required Condition - No Damage Fee: The item has a firm cover with no noticeable damage. All pages must be intact. There can be moderate writing or highlighting, but no damage to the binding.
Unacceptable Condition - Damage Fee Applies: The cover is noticeably damaged or missing. Pages are stained, missing, illegible, or otherwise warped. There is heavy writing and/or highlighting throughout the item. Any other condition that renders the item unusable, including exposure to chemicals, perfumes, cleaning agents, or tobacco, smoke etc. that causes any noticeable odor, may result in additional fees.
In the event you incur a damage fee, and are charged the buyout price for the book, you have the option to have the damaged item shipped back to you at your expense. You must contact Customer Service within twenty-one (21) calendar days of the day you are charged the damage fee to arrange (and pay) for the damaged book to be shipped to you. If you do not provide BarristerBooks with shipping instructions and payment within this time, the damaged item will be considered permanently and irrevocably abandoned by you. Accordingly you will automatically forfeit any and all right, title or interest in the item. The abandoned item will then be recycled, donated or otherwise disposed of in a manner of BarristerBooks’s choosing without further notice or obligation to you.
Except for items rented under the Aspen Connected Casebook program (which have no damage, writing or highlighting restrictions, and are not subject to the terms of this section), moderate levels of writing and highlighting are allowed. If an item is returned with a copious amount of writing or highlighting, as determined by BarristerBooks in its sole discretion, a damage fee may be charged (see section Books Not Returned By Due Date/Automatic Extensions and Buyouts above).
12. What We Rent
We only rent items that can be reused; workbooks, study guides, laboratory manuals, periodicals, and other consumable materials are not rented. Furthermore, we do not guarantee that access codes/keys/cards, CDs, DVDs, workbooks, or any other type of supplemental material will come with your items, purchased or rented. If an item you rent from BarristerBooks arrives with a supplement, you are allowed to use it at no extra cost. At the end of the rental, all supplemental material must be returned with the item rented.
13. Aspen Connected Casebooks™
If you are renting one or more Aspen Connected Casebook™ items, in addition to both the general, as well as the Connected Casebook™-specific, terms mentioned elsewhere in this agreement, please note that i) this agreement does not make any warranties regarding the Aspen Connected Casebook™ items and ii) you grant BarristerBooks the right to provide the publisher of Aspen Connected Casebook™ items with your email address solely for the purpose of enabling, administering and providing you support for your access to the digital functions of the Aspen Connected Casebook™ items.
14. Intellectual Property
All rented items are protected by applicable copyright and contain proprietary information and material that is owned by BarristerBooks and/or its licensors, suppliers or agents. Books/materials should not be used in any way whatsoever except in compliance with the terms of this Agreement without express written permission from BarristerBooks. No portion of any rented item may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to copy, scan, photocopy, modify, rent, lease, loan, sell, distribute, reproduce, or create derivative works based on the rented items, in any manner, or otherwise commercially exploit the rented items. BarristerBooks reserves the right to terminate your account and rental if we, in our sole and absolute discretion, believe that you are in violation of these terms. BarristerBooks does not promote, foster or condone the copying of CDs, written publications, or any other rented items nor does it condone any other infringing activities. The use of CDs and publications rented to you is solely for your personal and non-commercial use. ANY OTHER USE IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
BarristerBooks trademarks, service marks, graphics and logos used in connection with the services provided hereunder are trademarks or registered trademarks of BarristerBooks. Other trademarks, service marks, graphics, and logos used in connection with the rented materials may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the aforesaid trademarks, graphics, logos, etc.
15. Payment/Collection Information
Your credit/debit card and other billing information is not held on file by BarristerBooks, but is securely held by PayPal, our credit card processor, until all rental items in an order are closed (i.e. each item is returned, or bought-out and all fees paid). BarristerBooks reserves the right to attempt a re-charge of a declined credit/debit card periodically, at any time and for any number of attempts, to collect amounts outstanding on your account. BarristerBooks is not responsible for overdraft or other penalties/fees a customer may incur for such charges (or attempted charges). In any collections action, the person listed under the Billing Information of an account is ultimately responsible for payment. BarristerBooks reserves the right to use a collection agency and any other means necessary to recover lost assets or any payments due.
16. Third Party Collection
BarristerBooks reserves the right to provide third parties with information relevant to the collection of any amounts due for rental items not returned, extended without approval, or damaged beyond terms. You consent to the disclosure of your personal information to collect delinquent fees outstanding, protect or enforce our rights, protect or enforce the rights of a third party, or as may be required by law.
If you wish to return a rental for a refund, you can do so within 30 days of your order date, by following our standard Return Policy (see our Return FAQs). Once your return is received and processed, you will be refunded for the price of the item(s) paid plus any applicable tax. Shipping costs are not refunded (unless you are returning due to a BarristerBooks’ error as described below). Once the return has been processed, a refund will be posted to the credit/debit card you used to place your order. It normally takes 5-7 business days for financial institutions to process this transaction.
Refusing delivery is not an acceptable way to return a rental item, for a refund or at the end of the rental period. BarristerBooks is not responsible for items that are "returned to sender." If an item's delivery is refused for any reason, BarristerBooks will make every effort to refund the customer as soon as BarristerBooks, or its agent, has received and successfully processed the refused shipment. There is, however, no guarantee when and if the refused shipment will be successfully processed.
18. Due to BarristerBooks' Error
If BarristerBooks makes a mistake with your order (e.g. you receive books that do not match your order or books with major damage, as determined by BarristerBooks), we will gladly provide a refund. BarristerBooks does not guarantee that rental items come with inserts or supplements. For this reason, it is not considered a BarristerBooks error if a rental item does not come with an insert/supplement or additional material.
Items are no longer eligible for a refund if it’s been more than 30 days since the order date; in addition, if the item is returned to us damaged or not in its original condition, a refund will not be issued.
19. Returning Books Not Rented From BarristerBooks
BarristerBooks is not responsible for any items sent to us in error. BarristerBooks will use reasonable efforts to notify you of any extra books received, but we cannot guarantee such items will ever be identified or recovered. If an extra item shipped to us in error is identified and available to be returned, you may request its return in writing. You will be responsible for and agree to pay all fees associated with the recovery and return shipping of such items. The risk of damage/loss/delay for books sent to us in error is at all times yours alone. BarristerBooks shall not be liable in any way for the care/custody of non-BarristerBooks property, and you agree to hold BarristerBooks harmless for any damage/loss/delay, etc. incurred by you or any person related to or arising out of items shipped to BarristerBooks in error.
By placing a rental order with BarristerBooks you consent to this Agreement, which may be amended by us from time to time; provided that, the version of this Agreement in place at the time of an applicable rental transaction will govern that rental transaction to its completion. If we amend this policy, we will post any changes to this page so that you are always aware of the current terms and conditions. Please refer to this page prior to making any transaction so you remain up to date with the most recent terms and conditions.
21. Governing Law
You agree that any claim relating to BarristerBooks shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions and you consent to the exclusive jurisdiction over you and such claims, and to venue of such claims, being in the State of Kansas.