Please carefully read these terms and conditions before using these Free Objectivist Books for Students Web pages (the “Site"). By using the Site you indicate your agreement to these terms and conditions (“Agreement”). If you do not accept these terms and conditions, please do not use the Site.
This Site is the property of its owner and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Site and in the software, text, graphics, design elements, audio, music and all other materials originated or used on the Site (the "Information") are reserved to the owner of the Site and its licensors.
The owner of the Site does not screen, edit or review material submitted by users. The Site’s owner and its licensors can therefore accept no responsibility or liability for any material which may reside in or is accessed by the Site other than Information. The Site owner and its licensors has no responsibility with respect to Other Sites.
You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the Site. You agree to indemnify the owner of the Site from any damage, loss, cost or expense which it may incur as a result of the material you link, upload, post, or transmit to the Site. The Site’s owner has no duty to review or edit materials submitted by users. Any such materials may be removed by the Site’s owner at any time for any reason.
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on or generated through our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that the Site’s owner and its licensors shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our Site or located through the use of our Site.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that the Site’s owner and its licensors shall 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 content, goods or services available on or through any such websites or resource.
No warranties of any kind are made with respect to the Site or Information, or Other Sites. THE SITE’S OWNER AND ITS LICENSORS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
All concepts, ideas, comments, manuscripts, illustrations, and all other materials you disclose through on or in connection with this Site are submitted without any restrictions or expectation of confidentiality and become the property of the owner of the Site. The Site’s owner and its licensors shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. Subject to its Privacy Policy, we shall have the right to use, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
Your use of the Site will comply with all applicable laws, rules and regulations that govern the export of technical data.
This Site is operated from our offices in the State of California, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of law principles.
IN NO EVENT SHALL THE SITE’S OWNER OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
Any action on any claim against the Site must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
This is the entire Agreement between the parties and may not be modified except in writing signed by both parties.
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs.
If the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Nonetheless, legal action taken by us to recover damages for, or obtain an injunction relating to, our Site operations or intellectual property shall not be submitted to mediation or arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The prevailing party in any dispute will be awarded reasonable attorneys’ fees and costs.
You have agreed, except as otherwise specified above, that all disputes, claims or controversies arising out of or relating to this Agreement will be decided as set forth above, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial.