Customer Agreement

Privacy & Security

Smultron Publishing' Customer Agreement

Last Revised January, 2007

Thank you for choosing Smultron Publications for purchasing those much sought after books!

This agreement between you and "Smultron Publications" explains how you can use our Web sites and buy books listed on our Web sites. Use of Smultron Publications Web sites is governed by this agreement. By registering as an Smultron Publications customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.

1. Who is Smultron Publications?

Smultron Publications operates a number of Web sites, including Smultron-Pub.com, (collectively the "Web sites") that allow registered Smultron Publications customers ("Customers") to purchase books and other merchandise.

2. Who Can Be a Customer?

Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Customer and purchase books through the Web sites. Customers must comply with all applicable laws.

All information submitted by Customers through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.

Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement.

3. How This Works

<>The Web sites are a forum for Book buyers and Customers to buy Items from Smultron Publications.

In the case of credit card purchases, either the Bookbuyer or Smultron Publications, depending upon the process requested by the Bookbuyer, may process the credit card. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under your password. You must immediately notify Smultron Publications of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. Smultron Publications is not under any obligation to verify the actual identity or authority of the user of any password.

4. Misprints and Orders

Although Smultron Publications strives to provide reliable and current information on the Web sites, misprints or other errors may occur. Smultron Publications reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to You or any other person.

Items listed on the Web sites are subject to availability, and may not be available when ordered or afterwards.

The Items offered on the Web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Bookseller sends an order acceptance and shipping notice to Your email address.

5. We Respect Your Privacy

Your personal information will be collected and saved by Smultron Publications. All data and information collected from You by Smultron Publications is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy, which may be viewed by clicking here.

6. Warranty Disclaimer and Liability Exclusion and Limitation Clauses

Since Smultron Publications is not a party to any transactions through the Web sites, Smultron Publications does not give any representation or warranty regarding any transactions or any of the Items. Smultron Publications has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Booksellers to sell Items.

The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Smultron Publications to the fullest extent permitted by law.

Regardless of the nature of the claim or the reasons for the loss and damages, Smultron Publications’ liability is limited to foreseeable and typical damages. Smultron Publications will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health.

In no event will Smultron Publications’ total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Smultron Publications or any person for whom Smultron Publications is responsible, exceed the lesser of US$14 or the purchase price of the Item that is the subject of the claim.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.

7. Legal Claims

For all disputes between Smultron Publications and you or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, dealings between You and Smultron Publications, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of The State of Wisconsin sitting in the City of Menomonie, Wisconsin, USA, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Menomonie, Wisconsin, USA within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.

8. How Do You or Smultron Publications End This Agreement?

You or Smultron Publications may terminate this Agreement at any time with immediate effect and without any prior notice. Smultron Publications may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to You or any other person.

If this agreement or your permission to use the Web sites is terminated by You or Smultron Publications for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of Items through the Web sites and anything connected with, relating to or arising from those matters.

9. Changes to Web sites, Policies and Procedures, and this Agreement

Smultron Publications may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person.

Smultron Publications may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any Smultron Publications policies or procedures.

You and Smultron Publications have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.

Thank you for registering with Smultron Publications. We look forward to serving you as a valued customer.

Enjoy Your Books!