Terms & Conditions

Gojaba Web Site Terms and Conditions

Last Revised November 1, 2007

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE GOJABA WEB SITE (THE "WEB SITE") OPERATED BY GOJABA, INC. ("GOJABA"). BY USING THE WEB SITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITE.

1. CHANGES TO THESE TERMS AND CONDITIONS

Gojaba may change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Web Site. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Web Site, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.

2. THE GOJABA CUSTOMER AGREEMENT

These Terms and Conditions supplement the Gojaba Customer Agreement, which applies to registered Gojaba customers.

3. PERMISSION TO USE THE WEB SITE

The Web Site may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Web Site must comply with all applicable laws. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Web Site. Gojaba may, in its sole discretion, refuse permission to access and use the Web Site.

The Web Site is made available to you for your lawful, personal, non-commercial use only. You may access and browse the Web Site only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Web Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Gojaba. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site or access to the Web Site.

4. DISCLAIMER

The Web Site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind 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 Gojaba to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Web Site; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Web Site.

Regardless of the nature of the claim or the reasons for the loss and damages, Gojaba's liability is limited to foreseeable and direct damages only. Gojaba will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits,or consequential loss or damage or punitive damages arising from, connected with, or relating to the use of the Web Site by you or any other person.

In no event will Gojaba's total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, and regardless of any negligence or other fault or wrongdoing by Gojaba or any person for whom Gojaba is responsible, exceed the lesser of US$25 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.

The Web Site is not intended to be a recommendation to sell or buy any book or other item, product or service.

5. COMMUNICATIONS

Communications sent to Gojaba by means of the Web Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by Gojaba's responsible representative.

6. WEB SITE CONTENT

Gojaba reserves the right to monitor and screen the materials posted to the Web Site. Gojaba will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Web Site, including without limitation uses that constitute copyright infringement.

7. OWNERSHIP OF THE WEB SITE

The Web Site and its content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Web Site) are the property of Gojaba and others. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.

8. TRADEMARK INFORMATION

Product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in these Terms and Conditions, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.

9. OTHER SITES

The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from Gojaba, and Gojaba has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Gojaba does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Gojaba arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.

10. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

The framing, mirroring, scraping or data-mining of the Web Site or any of its content in any form and by any method are strictly prohibited.

You may not use any collaborative browsing or display technologies in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that other users of the Web Site may view such postings.

11. PERSONAL INFORMATION PRIVACY

Gojaba collects, uses, and discloses your personal information in accordance with its Privacy Policy. Gojaba may change its Privacy Policy from time to time in its sole discretion. Each time you use the Web Site, you consent to Gojaba's collection, use and disclosure of your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to you or any other person.

12. UNSOLICITED SUBMISSIONS

If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to Gojaba or the Web Site, you automatically grant (or warrant that the owner of the Submissions grants) to Gojaba and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Gojaba or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Gojaba and its assigns.

13. OTHER MATTERS

These Terms and Conditions and all related matters are governed solely by the laws of the State of Delaware in the United States of America, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

For all disputes between Gojaba and you or any other person arising from, connected with or relating to the Web Site, these Terms and Conditions, transactions facilitated or conducted through the Web Site, Items ordered or purchased through the Web Site, dealings between You and Gojaba, 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 United States of America 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 United States of America 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.

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.

Any rights not expressly granted in these Terms and Conditions are reserved to Gojaba.

These Terms and Conditions are subject to change without notice.

You may report any claims or concerns (including copyright infringement claims) regarding the Web Site or its content via the feedback form found on the Web Site.