Participation Agreement

Topics contained in this document

• How to become a member
• Participation Agreement
  • Product Return Procedure
  • Warranties
  • Limitation of Liability
  • General Terms and Conditions
    • Payment Terms; Orders
    • Shipping Charges
    • Title; Risk of Loss
    • Governing Law and Jurisdiction
    • Severability
    • Waiver
    • Entire Agreement

How to become a member

1. Go to https://www.textbooksrus.com/customer and click the "GO" button next to New Customer
2. Enter your billing and shipping information
3. Enter your contact information
4. Click "Create Account." Once you receive the "Your Account Has Been Created" message, you can order books

Participation Agreement

1. Product Return Procedure

   To return a product based upon TextbooksRus.com replacement/return guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (our returns policy). Please use this link to file for RMA: http://www.textbooksrus.com/rma. All RMA requests must be filed online. TextbooksRus.com will not accept returns without prior authorization and a RMA number. RMA numbers are valid for 15 days from the date of issue. Products returned to TextbooksRus.com must be received within the 15-day limit. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

   Customer is solely responsible for shipping any returned product to TextbooksRus.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, and accessories provided by the manufacturer. If any component of the returned product is missing, TextbooksRus.com's Return Procedure will be breached and TextbooksRus.com will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

   TextbooksRus.com will not refund to Customer the original shipping charges. In addition, TextbooksRus.com will reserves the right to assess a 15% restocking fee against the Customer's account on all returns for refund.

2. Warranties

   TextbooksRus.com is a distributor only. Products sold by TextbooksRus.com are not manufactured by TextbooksRus.com. TEXTBOOKSRUS.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. TextbooksRus.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

3. Limitation of Liability

   IN ALL CIRCUMSTANCES TEXTBOOKSRUS.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. TEXTBOOKSRUS.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. TEXTBOOKSRUS.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT TEXTBOOKSRUS.COM IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. General Terms and Conditions

   • Payment Terms; Orders

     An order is not binding upon TextbooksRus.com until it is accepted; TextbooksRus.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with TextbooksRus.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

   • Shipping Charges

     Your total cost for purchase of any product will include shipping and handling charges shown on the TextbooksRus.com invoice.

   • Title; Risk of Loss

     TextbooksRus.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. TextbooksRus.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow TextbooksRus.com to sign appropriate documents on Customer's behalf to permit TextbooksRus.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. TextbooksRus.com will advise Customer of estimated shipping dates, but TextbooksRus.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

   • Governing Law and Jurisdiction

     Any dispute arising out of or related to these Terms and Conditions or the sales transaction between TextbooksRus.com and Customer shall be governed by the laws of the State of Ohio, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. TextbooksRus.com and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Ohio to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against TextbooksRus.com that is more than one year after the date of the applicable invoice.

   • Severability

     If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ohio law.

   • Waiver

     The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

   • Entire Agreement

     These terms and conditions, together with the TextbooksRus.com's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between TextbooksRus.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between TextbooksRus.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.