Terms & Conditions

By using this website or ordering any merchandise from Gary's Vintage Books, you acknowledge that you have read and understand these terms and conditions of use and agree to be bound by them, to the extent permitted by applicable law. Gary's Vintage Books retains the right to change or modify these Terms of Use at its discretion. Please review these Terms of Use to ensure your acceptance. If you do not agree to these Terms of Use, you are not authorized to use this website or to purchase any merchandise from this website.

License 

Your use of this website is under a limited license to access and make personal use of this website. This license does not include the right to download (except for page caching), modify, reproduce, or resell any part of the website's content; use any robot, spider, data miner, or other means to extract and gather data from the website; or otherwise use this website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain Gary's Vintage Books's express written consent.

Termination of Usage

Gary's Vintage Books may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this website, without notice, for any reason in Gary's Vintage Books's sole discretion, including, without limitation, violation of the Terms of Use or Gary's Vintage Book's belief that such use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to Gary's Vintage Books.

Pricing

The prices for items on this website are subject to change. It is possible for the price of an item to change between the time you add it to your shopping cart and the time you check out. Occasionally, an item may be mispriced on the website. In that case, the mispriced item would appear at the incorrect price even upon checkout. If the correct price of an item is higher than the price shown on the website or at checkout, Gary's Vintage Books may, in its sole discretion, do any one of the following: (1) contact you before shipping the item to notify you of the correct price and receive instructions from you as to whether you want to purchase the item at the correct price; (2) cancel the order and notify you of the cancellation; or (3) ship the item to you at the incorrect price. 

Product Descriptions

Gary's Vintage Books attempts to make its product descriptions as accurate as possible. However, Gary's Vintage Books does not warrant that the descriptions or other content on this website are accurate, reliable, complete, or current. If you receive an item from Gary's Vintage Books that is not as it was described on the website, your sole remedy is to return it for a refund.

Please review Gary's Vintage Books's privacy notice to develop an understanding of Gary's Vintage Books's practices with respect to this important issue. Gary's Vintage Books's privacy notice is part of these Terms of Use and its provisions are incorporated herein by this reference. This website is hosted and operated in the United States, and is not intended to target EU and other non-U.S. residents. If you are accessing this site from outside the United States, use and disclosure laws will generally differ considerably from U.S. laws and requirements. By using this site, you agree and consent to use of your information under these Terms of Use and Gary's Vintage Books's privacy notice.

Children's Online Privacy Protection Act ("COPPA") Notification

This website is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, Gary's Vintage Books hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website: www.eff.org.

Gary's Vintage Books, or third parties from whom Gary's Vintage Books has permission, own the trademarks or service marks that are used on this website. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Gary's Vintage Books and its licensors may not be used without prior written consent of Gary's Vintage Books or its licensor, as the case may be. Without limiting the foregoing, no Gary's Vintage Books trademark or trade dress may be used in connection with any product or service that is not Gary's Vintage Books, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Gary's Vintage Books.

Copyright and Other Proprietary Rights

All proprietary content and materials on this website, including, without limitation, this website's layout, organization, and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

Digital Millennium Copyright Act

If you have reason to believe that material on this website infringes your copyright, please send a notice by mail or email to Gary's Vintage Books requesting that the infringing material be removed. The notice must contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the website.
3. Identification of the allegedly infringing material and where the material is located on the website.
4. Your contact information, including your name, address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

 

Notices for copyright claims should be sent to Gary's Vintage Books at:

Gary's Vintage Books

6107 SW Murray Blvd., #298

Beaverton, OR 97008

garysvintagebooks@gmail.com

 

Upon receiving such a notice, Gary's Vintage Books will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512).

Third-Party Sites

This website may contain links to other unrelated websites on the Internet. Gary's Vintage Books is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. Gary's Vintage Books makes no representations or warranties regarding the security of any information you make available to such websites. Gary's Vintage Books is not liable for any loss or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY GARY'S VINTAGE BOOKS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE PARAGRAPH BELOW, GARY'S VINTAGE BOOKS WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT, OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. GARY'S VINTAGE BOOKS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT GARY'S VINTAGE BOOKS'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY GARY'S VINTAGE BOOKS'S OWN NEGLIGENCE OR FOR ANY DAMAGES CAUSED BY GARY'S VINTAGE BOOKS'S FAILURE TO ADHERE TO COMMERCIALLY REASONABLE MEASURES TO PROTECT YOUR ONLINE SECURITY AND PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY.

You will indemnify and hold Gary's Vintage Books harmless from any claim, demand, loss, liability, costs, or expenses (including reasonable attorney fees), arising out of your misuse of this website, your breach of these Terms of Use, or your violation of the law or any rights of a third party.

The risk of loss and title for all items purchased from this website passes to you upon delivery of the item to the carrier.

Applicable Law

This website is maintained through Gary's Vintage Books located in Beaverton, Oregon. Accordingly, this agreement shall be deemed to have been made in the United States in the state of Oregon and shall be governed exclusively by the laws of the State of Oregon without regard to any principles of conflicts of law.

Arbitration of Disputes

Any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from Gary's Vintage Books will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Portland, Oregon, USA, in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law.

Alternatively, at Gary's Vintage Books's sole discretion, a claim may be adjudicated in the state or federal courts located in Washington County, Oregon. By using this website, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in Washington County, Oregon.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE CONDUCT OF THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES AND AGREES THAT ALL SUCH DISPUTES SHALL BE DECIDED BY AN ARBITRATOR.

Severability

If any provisions of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Notices

You consent to receive electronic communications from us via email or posting on this website and acknowledge that such communications satisfy any legal requirement that the communications be made in writing.