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Rental Agreement
Agreement: 3.0
Agreement Terms and Conditions
This Textbook Rental Agreement (the "Agreement") is a contract between you and Follett and applies to your use of Follett products and services (collectively the "Service" or the “Rented Materials”). This Agreement sets forth your rights and obligations and should be read carefully. In this Agreement, “I”, "you" or "your" means any person or entity using the Service or Rented Materials (the “User” or "Users"). Unless otherwise stated, "Follett," the "Company," "we," or "our" will refer collectively to Follett Higher Education Group, Inc. By clicking "I Agree", "I Accept," or by using the Service, the Rented Materials, or the Follett website (the “Website”), you agree to the terms and conditions of this Agreement, our privacy policy, our terms of use, the receipt, and any other documents incorporated into the Website. You agree that this Agreement constitutes the entire agreement between you and the Company, and is legally binding between you and the Company. Please note: Section 7 of this Agreement contains an arbitration clause and class action waiver that applies to any dispute with or claim against Follett you may have arising out of or relating to the Service or the Agreement. This clause affects how disputes with Follett are resolved. By accepting the terms and conditions of this Agreement, you agree to be bound by the arbitration clause and class action waiver. Please read it carefully. Except as provided in Section 7, the Company may modify this Agreement from time to time and such modification shall be effective upon posting by the Company on the Website. You agree to be bound to any changes to this Agreement when you use the Website, the Service, or the Rented Materials after any such modification is posted. It is therefore important that you review this Agreement and the Website regularly to ensure you are aware of any changes.
1. I am at least 18 years of age or the age of majority in the state in which I am conducting this transaction.
2. I am entering this Agreement with Follett of my own free will. I will return the Rented Materials to the Follett campus bookstore from which I rented the materials.
3. I will pay for the materials as specified at the time of order. If I decide to buy any rented book at any time after the time provided for in the standard refund policy and before the check-in date (the “Rental Return Date”), I will pay the difference between the rental fee and the purchase price (based off of purchased condition) as outlined on the transaction receipt provided to me. The charge will be applied to the credit or debit card which is on file. I acknowledge that some rental books are “rental-only” and may not be purchased.
4. Failure to Return. Follett is not responsible for reminding me of the Rental Return Date. If I fail to return the Rented Materials by the Rental Return Date (either in store or post-marked by the Rental Return Date), or if I return them in damaged or unsalable condition, I understand that my patron rental account may be suspended and I may incur charges. I authorize Follett to charge non-return charges and processing fees, which consist of the replacement cost of the Rented Materials plus applicable fees as identified on my transaction receipt to my credit card or debit card on file. I acknowledge that, independent of the purchase price of replacement materials, Follett incurs expenses sourcing replacement materials and other business and logistical costs as a result of late returns. Those costs can be difficult to calculate at the time this Agreement goes into effect. Consequently, I agree that it is reasonable and appropriate for Follett to charge me processing fees associated with any failure on my part to return Rented Materials by the Rental Return Date. All books returned to Follett will be processed and disposed of at Follett’s discretion. “Rental only” books must be returned.
5. Conditions upon Return. Highlighting and writing in rented textbooks is permitted and acceptable. However, Rented Materials must be returned in complete and salable condition. This means the spine of the book is intact, there is no damage to the book, and all component parts of the book and any related materials must be present. I am responsible for any loss or theft of the Rented Materials. If the rental is deemed damaged, reported lost or stolen, I am responsible for the replacement cost of the Rented Materials plus applicable fees.
6. Card as Security. I will not cancel or exceed the purchasing limits of the credit or debit card on file until the Rented Materials are either returned to Follett or all applicable fees are paid. If my credit or debit card is declined, I understand that my patron account will be suspended and any amounts due to Follett may be sent to a third party collection agency for collection. I will be responsible for paying all collection fees assessed by the third party collection agency. Follett will make reasonable efforts to process transactions in a timely manner. I agree not to hold Follett responsible in the event Follett does not credit or debit my credit or debit card for a period of time due to circumstances beyond Follett’s control. Follett makes no guarantees regarding the processing time for charges. I agree, in order for Follett to service my account or to collect any amount I may owe, unless otherwise prohibited by applicable law, Follett or a designated third party collection agency are authorized to (i) contact me by telephone at the telephone number(s) in my patron contact account, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide, and/or (iii) contact me using pre-recorded/artificial voice messages and/or by use of an automatic dialing device, as applicable. I have read this disclosure and agree that Follett or any designated third party collection agency may contact me as described above.
7. Arbitration. If you have any dispute with or claim against Follett (a “Claim”) arising out of or relating to the Service, the Rented Materials, or the Agreement, including any Claim relating to your rental of books or materials from Follett, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This section shall survive termination of your use of the Service or Rented Materials. Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to Follett a written notice of your claim (the “Notice”). The Notice must (1) be sent by certified mail; (2) be addressed to Follett Corporation Attn: General Counsel, 3 Westbrook Corporate Center, Suite 200, Westchester, IL 60154; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. You must provide the Notice within one year after your Claim accrues; otherwise, you waive the Claim and agree that you are forever barred from asserting it in any jurisdiction. If, following your provision of the Notice, we and you do not resolve the Claim within 30 days after our receipt of your Notice, either you or we may commence an arbitration or file a small claims court action to resolve the Claim. Any arbitration commenced under this provision shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at www.adr.org or by calling the American Arbitration Association at (800) 778-7879. In circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in Chicago, Illinois. For any Claim that does not exceed $50,000, we will pay all filing and arbitrator’s fees, unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose. If the arbitrator awards you damages that are greater than our last written settlement offer communicated before commencement of the arbitration, we will pay you the greater of $1,000 or the amount of the award. For the avoidance of doubt, no unilateral amendment or modification to this Agreement by Follett shall retroactively modify this agreed-upon dispute resolution provision, unless the parties expressly agree otherwise.
8. Governing Law. You and we agree that the terms and conditions of this Agreement, including any Claims asserted in accordance with the arbitration provision set forth in Section 7, shall be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to conflict-of-law provisions.
9. Refund. Follett’s standard refund policies apply.
10. Tax. Normal tax rates will apply, and vary, depending on State.
11. Severability. In the event any portion of this Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any Claims brought on an individual basis pursuant to Section 7; and (3) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims shall be litigated in a civil court of competent jurisdiction, and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
12. Conflict of Terms. With respect to any Service or Rented Materials under this Agreement, in the event of any conflict or inconsistency between the terms and provisions of this Agreement and the terms and provisions of our privacy policy, our terms of use, or any other documents incorporated into the Website, the terms and provisions of this Agreement shall control.
13. Indemnification. You agree to defend, indemnify and hold us harmless against any and all third party claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use or misuse of the Service or Rented Materials and/or your breach of these terms. We reserve the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this section without our prior written approval.
14. Follett’s Disclaimer and Limitation of Liability. WE DO NOT WARRANT THAT THE SERVICE OR THE RENTED MATERIALS SHALL BE FREE OF ERRORS OR OMISSIONS. WE SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE SERVICE OR RENTED MATERIALS, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE RENTED MATERIALS AND THEIR CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR USE OF THE SERVICE AND RENTED MATERIALS IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE OR RENTED MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE OR RENTED MATERIALS. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICE OR RENTED MATERIALS OR YOUR USE OR INABILITY TO USE THE SERVICE OR RENTED MATERIALS, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF THE SERVICE OR RENTED MATERIALS IN THE TWELVE MONTHS PRECEDING THE CLAIM.
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In the event your rental is not returned by the Rental Return Due Date, or returned in damaged or unsalable condition, this card will incur Non-return charges and processing fees. Close