This end user agreement (“Agreement”) is a contract between you and Slingshot (“SLINGSHOT”) if you rent books with SLINGSHOT, and applies to your use of SLINGSHOT’s website (the “Site” or “Website”) and any related products and services (collectively the “Service”) provided by us or for our affiliates. This Agreement sets forth your rights and obligations. Please read the Agreement carefully. In this Agreement, “you” or “your” means any person or entity using the Service (“User”). Unless otherwise stated, the “Store,” “we”, “us” or “our” will refer collectively to SLINGSHOT; and if you rent a book, it includes SLINGSHOT.

By clicking “I Agree,” “I Accept,” or by registering or using the Website and/or Service, you agree to the terms and conditions of this Agreement and the other policies incorporated into the Website, including, without limitation, our terms of use policy and our privacy policy. You agree that this Agreement is legally binding between you and the Store.

The Store may amend, modify or change this Agreement and the terms of use and privacy policy from time to time and such amendment, modification or change shall be effective upon the posting of the amendment, modification, or change by the Store on the Website. You agree to be bound to any changes to this Agreement, the terms of use or privacy policy when you use the Website or the Service after any such amendment, modification, or change is posted.

Pricing, Fees, and Payment

Prices on textbooks (whether to purchase or to rent) are not guaranteed until you check out using an acceptable credit card and the transaction is completed, with confirmation sent to you. All prices, shipping fees, and taxes will be clearly displayed during checkout before you are required to finalize the transaction. To use the Service, you must use a Visa, MasterCard, or Discover card that does not expire prior to your Return Date plus 45 days. Your credit card will be charged prior to shipment of the order.

By renting a book, you acknowledge and agree that Textbook Rental, for and on behalf of SLINGSHOT, will store your credit card information (encrypted) for the duration of the rental period plus up to 45 days. You hereby permit us to record your Internet Protocol (“IP”) address at the time of your payment, and you grant us permission to provide that information to your credit card provider in the event that we are contacted by them regarding your transaction. You hereby acknowledge and agree to any additional charges that we deem necessary due to your misuse of the Service or default hereunder, including, without limitation, any fees resulting from damage to the rental book(s), lost or Slingshot rental book(s), late fees, extension fees, and/or fees for non-returned rental book(s). We are not responsible for causing or refunding overdraft, or other penalty fees a customer may receive for going over their limit or being overdrawn.

Shipping

We will ship most orders within 2 business days of the completion of your order, but we do not guarantee the shipment time. Shipping fees will be clearly displayed during the checkout procedure. You agree to not hold us responsible for any shipping delays or damages during shipment. If you have purchased your book, the book becomes your property once it has been given to a common carrier for delivery to you. If you are renting your book, the book remains the property of SLINGSHOT.

Age and Residence

You must be 18 years of age or older and reside in the United States in order to register for an account with SLINGSHOT and use the Service. The Service only supports shipments to the 48 contiguous US states and will not support shipments to Alaska or Hawaii. The Service also does not support shipments to military addresses. Your account may be terminated without warning if we believe that you do not meet these requirements. (We ship to AK and HI, and APO/AFO, so is this section necessary?)

Registration/Account

You must register for an account with us if you wish to use the Service. There is no fee to open or to maintain an account. You must provide a name, valid e-mail address, and other information necessary to register. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity, provide a false identity, or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. SLINGSHOT reserves the right to terminate your use of the Service upon the discovery that the information you provided is not complete or accurate. SLINGSHOT is not responsible for maintaining the security of your username and password. It is your responsibility to notify us if you believe your username or password have been compromised or used in an unauthorized manner. SLINGSHOT assumes no responsibility, liability, or obligation for any loss or damage resulting from your failure to comply with the security of your username and/or password. SLINGSHOT has the right to terminate your account for any or no reason at our sole discretion.

Email Notification

You agree that any notifications or receipts from SLINGSHOT will be delivered to you by email via the email address you provided during registration, or as later updated by you. You hereby agree and acknowledge that you are responsible for complying with the Return Date(s) whether we have emailed you or not. You acknowledge that we will not ask you for your personal information, account username, password, or any credit card information via email. Neither the Store nor SLINGSHOT will have any liability or responsibility for any misuse of such information if you provide such information via email.

Refunds

Please refer to our FAQs for refund information. 

Indemnity

You agree to defend, indemnify, and hold harmless SLINGSHOT and our affiliates, officers, directors, employees, subsidiaries, affiliates and agents from and against any claims, demands, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity, including, without limitation, reasonable legal and accounting fees made by any third party arising out of, connected with, or resulting from your use of the Website, rental of books, or other use of the Service and/or any breach of your representations and warranties set forth in this Agreement. Your obligations hereunder will survive the expiration of this Agreement with respect to omissions, acts or events occurring or alleged to have been omitted or occurred prior to the return of the rental book to us at the end of the rental term plus the 45 day period.

Rental Specific Terms and Conditions

In the case of a rental, you agree that the above terms and conditions will apply, and that the following provisions will also apply to a rental.

Return Date for Rental Books

By renting a book, you are accepting responsibility to return it by the Return Date. Your Return Date will be clearly displayed at checkout, and is also available in your account information.

Changing Your Return Date, or Purchasing Your Textbook

If you wish to convert your rental to a purchase, you may do so using the Textbook Portal website or by contacting Customer Care.

Return Procedure

You agree that you will return your rental book(s) to us by the Return Date. Please return your book to a SLINGSHOT operated Campus Store location or via mail. We are not responsible for rental books that are not returned using our Return Procedure as published on our Website at the time of your return. For refunds, please refer to the “Refunds” section of the Agreement.

Textbook Maintenance and Care

Rental books that are NEW will include all supplements, such as online access codes, access keys, inserts, DVD(s), and CD ROM(s). If your rental book is sent to you with supplements, you must return those supplements to us when you return the book. You acknowledge that certain supplements are designed to be used only once, and that, because of this, if you select to rent a used book, those supplements may not be accessible to you. You agree that the Store is not required to provide you with operational access codes in the event that you select to rent a used book.

Rental books are your responsibility during the term hereof. You must care for the book and return it to us in a condition where the book(s) can be rented again in the future. As such, you agree to the following:

Writing in the rental book(s) is not allowed

Limited highlighting in the rental book(s) is allowed. Limited highlighting means that fewer than 20% of the pages are marked with a highlighter, and that the text is not obscured.

Underlining in the rental book is not allowed

You also agree to preserve the pages and covers of the rental book(s) from rips, tears, and water damage. Violations of this policy may result in damage fees as detailed in the section entitled “Damage Fees”.

If you receive a book from us that you believe is already damaged, it is your responsibility to contact us within 5 business days of receiving your book so our customer service representatives can solve the problem with you.

Damage Fees

You agree to our rental return terms as listed on our FAQs. Course materials returned in violation of these terms will be charged a buyout fee (cost of book less rental fee, plus taxes). 

You agree that you are responsible for each rental book if it is lost, and you agree to pay for replacing each lost book. The replacement cost is calculated as the list purchase price of the textbook, minus the cost you paid to rent the book, plus any applicable taxes.

You agree that we may, at our sole discretion, send your account to a collection agency if you fail to pay all fees due to us. We will disclose your personal information to the collection agency without your consent to protect or enforce our rights, to protect or enforce the rights of a third party, or as required by law. All accounts that are sent to a collection agency are subject to an additional $25.00 fee.

Miscellaneous

All notices, authorizations, and requests shall be deemed given upon receipt or upon posting on our Website. The failure of SLINGSHOT to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is declared invalid, illegal,

or unenforceable, all remaining provisions shall continue in full force and effect.

This Agreement applies to you and may not be transferred, assigned, or delegated to anyone without the prior express written permission of SLINGSHOT. Any attempt by you to assign, transfer, or delegate this Agreement without the prior express written permission of SLINGSHOT

shall be null and void.

You will, at your sole expense, keep the rental book free and clear of all levies, liens and encumbrances. You will declare and pay to the appropriate governmental authorities when due all license fees, registration fees, assessments, charges, taxes and the like pertaining in any way to the rental book, whether municipal, state or federal (foreign and domestic), including, but not limited to, sales, use, excise and property taxes, and penalties and interest with respect thereto (excluding, however, any taxes measured solely by our net income). You shall provide evidence of any payment hereunder upon request by us, and shall immediately reimburse us for all amounts paid by us.

This Agreement shall be governed by the law of the State of Indiana, USA, without regard to its conflicts of law provisions. The state courts of Indiana shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. Nonperformance of either party, except for the making of payments, shall be excused to the extent that its performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This Agreement, along with the Terms of Use and the Privacy Policy of the website, comprise the entire agreement between you and SLINGSHOT with respect to the use of the Service, and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of this Agreement).

Limitations

SLINGSHOT for itself and its affiliates specifically disclaims any and all express, implied, or statutory warranties, including the implied warranties of fitness for a particular purpose, of merchantability and against infringement. In no event shall the store be liable for any indirect, special, incidental, or consequential damages whatsoever, whether arising in contract or tort (excluding negligence), arising out of or related to the use or inability to use the website or the service, even if the store has been advised of the possibility of such damages. You agree that the store’s entire liability under this agreement shall not exceed, in the aggregate, the greater of the value of goods or services purchased through the website by you, or $1.00.