Your Use of this Website Is Governed by these Terms and Conditions

We provide our services to you subject to the following conditions. If you visit or shop at Bookmark, you accept these conditions. Please read them carefully. Your use of this Website constitutes your agreement to follow these rules and be bound by them. If you do not agree with any of these Terms and Conditions, do not use this Website.

Changes to these Terms and Conditions

Bookmark reserves the right to modify or update these Terms and Conditions at any time without notice by updating this posting. Your continued use of this Website constitutes acceptance of the Terms and Conditions stated at the time of your use. You should visit this page prior to using this Website to determine the current terms and conditions to which you are bound.

Copyright Notice

All text, images, icons and other content on this site are the property of Bookmark or its vendors and are protected by United States and international copyright laws.

The content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the content, provided you (1) use these copies of the content only for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Bookmark reserves complete title and full intellectual property rights in any content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Bookmark.

License and Site Access

Bookmark grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bookmark. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray Bookmark and our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bookmark logo or other proprietary graphic or trademark as part of the link without express written permission.

Electronic Communications

You are communicating with us electronically when you visit Bookmark's Website or send e-mails to us. You agree to receive communications from us electronically. We will communicate with you by posting notices on this site and/or by e-mail. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in written form. Your positive comments about the quality of our products and services may be posted by us on this site as testimonials for marketing purposes.

Account Confidentiality

If you use this site, you are responsible for maintaining the confidentiality of your account and password. You consent to accept responsibility for all activities that occur under your account or password.

Cookies

When you visit this Website, small text files known as "cookies" will be stored on your computer's hard drive. These cookies allow us to enhance your online shopping experience. These cookies store information about your visits, name, and shopping cart contents. You may set your Web browser to notify you when you receive a cookie and you may also erase cookies from your browser after your shopping session. If you delete our cookies, you limit our ability to personalize your next shopping visit; however, deleting a cookie will not prevent you from shopping and purchasing at our site in the future.

We also may collect technical information from your computer when you visit this site. This technical information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring website, if any. Except in the case of IP addresses, this technical information cannot be used to identify you personally. Further, we do not normally use IP addresses to identify anyone. We may do so, however, to identify abuse, fraud, or illegal use to our website or other unauthorized activities.

Correction of Errors and Inaccuracies; Limitations on Quantity

The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Limited Liability

To the extent allowed by applicable law, our liability for the products we sell shall be limited to the purchase price of the product(s) bought.

Pricing Practices

We reserve the right to change our prices and pricing practices at any time. If a product is priced inaccurately we reserve the right to cancel any order placed for the product at the incorrect price.

Termination of Service

Bookmark reserves the right to refuse service, terminate accounts, remove or edit content, modify pricing, or cancel orders in their sole discretion.

Links to Third Party Sites

This Website may contain links to third party sites. These links are provided for convenience and informational purposes and are neither under the control of Bookmark nor is the content of third party sites monitored by Bookmark. Bookmark is not responsible for the content of any site linked to this Website and makes no representations or warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Bookmark with respect to any third party, any third party's Website, the content of any third party's Website, or any products or services provided by a third party. Connection to any such linked site is at the customer's own risk. It is up to the customer to take precautions to ensure that whatever is selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

False Impersonation

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Bookmark regarding your true identity.

Bad Checks, Credit Card Fraud, and Other Payment Fraud

If you write a check for which there are insufficient funds you agree to pay a service fee to us of $25 per bad check. If you are found guilty of credit card fraud, you agree to reimburse us for all of our legal expenses. You may be further liable for punitive damages.

Product Features and Descriptions

We attempt to describe our products as accurately as possible. However, we do not warrant that product descriptions or other content, including product images, are accurate, complete, reliable, current, or error-free. If a product purchased by you from Bookmark is not as described, your sole remedy is to return it in unused condition, and in accordance with our Return Policy.

No Warranties of Access and Use

This site is offered on an "as is" and "as available" basis. We make no warranties as to the operation and availability of this site. We will not be liable (whether based in contract, tort, strict liability or otherwise) for any direct or indirect, special, incidental, consequential or punitive damages or lost profits or lost savings arising in connection with use of this site (or any third party site linked to or from this site), any technical, hardware, or software failure of any kind, any interruption in availability of this website, any delay in operation or transmission, any incomplete or garbled transmission, any computer loss of data, or otherwise, even if Bookmark has been advised of the possibility of such damages or loss.

Applicable Law

By visiting and using this Website, you agree that the laws of the state of Kansas will govern these Conditions of Use that may arise from your use of this site.

Disputes

Any dispute stemming from your visit and use of this site or the purchase of its products shall be submitted to confidential arbitration in Kansas. However, if you violate or threaten to violate our intellectual property rights, including copyrights and trademarks, we may seek injunctive and other relief in any state or federal court in the state of Kansas. In such an event, you consent to exclusive jurisdiction and venue in such courts.

By visiting and using this Website, and by purchasing its products, you agree that Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of jurisdiction.

Other Policies and Information

When making purchases, you consent to our Returns Policy, and agree to review it before ordering any product.

Please review our Privacy Policy, Returns Policy, Shipping Policy and FAQs page, which also govern your visit to this Website.

Last Updated
May 23, 2006.