SBE reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. The User is responsible for regularly reviewing this Agreement and his/her continued use of the SBE web site constitutes an affirmative acknowledgement of any modification to this Agreement and consent to be bound by its terms.

RIGHTS AND OBLIGATIONS OF SBE

1. SBE

SBE shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material available on the SBE web site.

SBE does not warrant that the web site is free from infection by viruses.

SBE does not accept any liability for any losses or claims arising from any inability to access this web site.

3. Disclaimer

The material and information contained in the SBE web site including, but not limited to, book descriptions, photographs, pricing information or reviews may contain inaccuracies and typographical errors.

SBE does not warrant the accuracy of any information provided or the reliability or truth of any advice, opinion, statement or other information displayed or distributed through the web site. The User acknowledges that any reliance on any such opinion, statement, memorandum or information shall be at his/her own risk.

SBE does not make any warranty, guarantee or representation express or implied regarding the merchantability, quality or value of any particular book.

SBE shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.

4. Modifications to SBE web site

SBE reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the SBE web site (or a part thereof) with or without notice. SBE shall not be liable to the User or any third party for any modification, suspension or discontinuance of the SBE web site.

5. Assignment

SBE reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.

6. Privacy Policy

At School Book Exchange (SBE), privacy is very important. SBE treats the User's personal information with the highest standards of safety, security and confidentiality. As part of the normal operation of SBE's services it collects and, in some cases, discloses information about the User. This Privacy Policy describes the information SBE collects and how that information is used.

A Special Note About Children

The nature of the service means that children are usually the end-users of the books being listed for sale. Children, however, are not eligible to use the service. SBE does not knowingly solicit or collect information from children who are 18 years or younger and asks that minors (under the age of 18) do not submit any personal information. If the User is a minor, he/she can use this service only in co-operation with his/her parents or guardians. Adults may register for children by submitting their own personal details on behalf of the child. Kindly ensure that children never give out their name or other personal information on-line without the permission of an adult or guardian.

Information Gathered

SBE's main objective in collecting personal information is to provide a smooth, efficient, and customised experience. To register as an SBE Seller the User must choose a Username and a Password to enable him/her to check the status of their listings at any time ie. their account. The User is required to enter his/her first name, surname, address, phone number, e-mail address, and a Display Username.

SBE's software allows it to automatically track certain information based upon the User's behaviour on the web site. This information may include the URL that the User just came from (whether this URL is on SBE's web site or not), which URL the User next goes to, what browser he/she is using, and his/her IP address. SBE sometimes uses this information to solve problems with its server. It also uses this information to determine the most popular pages on its web site.

Modifying/Changing Personal Information

The Seller can access, review, modify, or delete his/her account information anytime. Just go to 'My Account' button and select the 'Modify Info' button, view all the personal registered Seller details and modify/change them if required or delete the account at any time, or request SBE to deactivate the account.

What SBE Does With Information

The Seller's personal information allows SBE to process and display book(s) listings on its web site and to keep the Seller up to date on his/her account activity. SBE uses information in the file it maintains about the Seller, and other information it obtains from his/her current and past activities on the web site to troubleshoot problems, provide service support, and to conduct internal analysis.

If SBE has questions about a Seller's listing, it may contact the Seller by email or phone.

Disclosure of Information

SBE is not involved in the sale of any books listed and accepts no responsibility or liability whatsoever for any decision or course of action taken in reliance on the information on this web site.

SBE does not share information with unrelated third parties without prior permission. It may disclose aggregate customer information (in a non-personally identifiable manner, such as number of visits or average listing amounts) to advertisers or other third parties. In these situations it does not disclose to these entities any information that could be used to identify the Seller personally.

SBE may release customer account or other information if it is advised that release is necessary to comply with the law, or to protect the rights, property and safety of SBE, its customers or others. This may include the exchange of information with companies and organisations or law enforcement for loss prevention and credit risk reduction.

Data Security

SBE secures information from unauthorised access, use or disclosure. It uses industry standard practices to safeguard the confidentiality of personal identifiable information, including 'firewalls' and Secure Socket Layers (SSL). SSL encryption scrambles personal and credit card information as it travels over the internet during the process of buying a book. This encryption makes it impossible for anyone to read information in transit.

The Use of Cookies

SBE uses 'cookies' on certain pages of its web site. 'Cookies' are small text files placed on the User's hard drive that help SBE identify the User when he/she visits the web site again. Cookies cannot be used to run programs or deliver viruses.

The purpose of a cookie is to tell the web server that the User has returned to a specific page. For example, if the Seller registers with SBE�s web site, a cookie helps SBE to recall his/her specific information on subsequent visits. This simplifies the process of recording personal information, such as Password, billing addresses etc.

The User is always free to decline the cookies if his/her browser permits by setting its options so that it lets the User know when he/she receives a new cookie, or turn off the cookies completely. If the cookies feature is turned off however, the User will not be able to utilise all the special features SBE offers.

Changes to this Policy

SBE may change this Privacy Policy from time to time based on comments received and its need to accurately reflect its data collection and disclosure practices.

USER'S WARRANTIES

1. The User hereby warrants and agrees to indemnify and keep indemnified SBE its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from his/her use of the information and material posted on this web site or resulting from any breach of this Agreement whether such breach is carried out by the User, his/her use of the SBE web site, his/her connection to the SBE web site or his/her violation of any third party rights.

2. Furthermore, the User hereby acknowledges that any material downloaded or otherwise obtained through the use of the SBE web site is done at his/her own discretion and risk and that he/she waives any right to bring any claim or action against SBE or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from access to or use of the SBE web site.

3. The User hereby acknowledges and warrants to SBE that it will not use the SBE web site for any purpose that is unlawful or prohibited by these terms and conditions, or in any manner which would damage, disable, overburden or impair the SBE web site or interfere with any other party's use and enjoyment of the SBE web site. The User may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the SBE web site.

4. The User hereby agrees and warrants that he/she will not publish, post, upload, distribute or disseminate any books, material or information on the SBE web site that infringes any copyright or intellectual property rights of SBE or any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts pornographic or sexually explicit images or promotes violence or discrimination.

5. The User hereby agrees to indemnify and keep indemnified SBE its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the SBE web site.

6. The User's correspondence or dealings with, or participation in promotions and/or advertisers found on or through the SBE web site are solely between him/her and such advertiser. SBE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

7. The User hereby warrants and acknowledges all intellectual property to include, but not limited to, copyright, moral rights, patents, trade marks, trade names, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future belongs, and shall belong exclusively to, SBE and that he/she will not infringe such intellectual property rights in any way.

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the User and SBE and supersedes any prior agreements, arrangements, statements and understandings between the parties.

WAIVER

A waiver by SBE of any breach by the User of any of the terms, provisions or conditions of this Agreement or the acquiescence of SBE to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

INVALIDITY

If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.

DISSATISFACTION If the User is dissatisfied with the SBE web site or any information posted thereon, or with any term or condition of this Agreement, his/her sole and exclusive remedy is to discontinue using the SBE web site.

GOVERNING LAW

This Agreement shall be governed by the law of the Republic of Ireland and the Courts of the Republic of Ireland shall have sole and exclusive jurisdiction.