State v. Diamond Case File (NITA)

RENTAL AGREEMENT/SERVICE POLICY

BarristerBooks, Inc. ("BarristerBooks," “we,” “our,” or “us”) owns and operates the BarristerBooks.com, LawBooks.com and LawBooksForLess.com websites (collectively, the “Sites”). We value your business and want you to have the best possible renting experience. We provide this "plain-English" rental agreement to help you understand everything involved in the rental process. Please read carefully prior to each time you transact with us. The terms of our Rental Agreement/Service Policy (“Agreement”) may change over time. This is a binding legal agreement that governs the terms and conditions of your rental. Also, as a registered user of one of the Sites, you agree that you have read and agree to abide by the terms of our Privacy Policy and Terms of Use. If your purchase includes a Connected Casebook™ rental, you will be required to agree to the End User License Agreement (EULA) when you register an account to begin using the digital components of Connected Casebook™ at the CasebookConnect.com website. You can preview those EULA terms here.

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
8. Title
9. Lost Books
10. Damaged Books Returned
11. Highlighting/Writing
12. What We Rent
13. Aspen Connected Casebooks™
14. Intellectual Property
15. Payment/Collection Information
16. Third Party Collection
17. Refunds
18. Due to BarristerBooks' Error
19. Returning Books Not Rented From BarristerBooks
20. Changes
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 [email protected] 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 [email protected] or 1-866-808-5635. Additional charges may apply to rental extensions.

8. Title

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.

11. Highlighting/Writing

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.

17. Refunds

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.

20. Changes

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.