TERMS OF SERVICE

Updated June 25, 2020

OVERVIEW

This website is operated by Vermilion Labs LLC dba Bookroo ("Bookroo"). Throughout the site, the terms “we”, “us” and “our” refer to Bookroo. Bookroo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing our website (“Site”), using the Bookroo services or software, and/or purchasing a Subscription (as defined herein) or other product from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store or site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - AGE REQUIREMENTS AND PERMISSIONS

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - ACCOUNTS

In order to use certain features of the Site or Services, you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

SECTION 5 - PAYMENT TERMS

For each Subscription or product you order on the Site, you agree to pay the applicable price as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product (with a monthly term, or a term of 3 months, 6 months or twelve months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Your next billing date will be displayed in your Account page for each of your active Subscriptions (“Renews on” date). We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, there are unforeseen delays that hinder our ability to ship your product or there are changes to your Account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company, including, without limitation, all Product purchased pursuant to any Updated Subscription. All payments are non-refundable (except as expressly set forth in this document). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.

SECTION 6 - SHIPPING POLICY

Products will be shipped via USPS Media Mail within the United States (continental, Alaska, Hawaii as well as overseas military addresses including APO, DPO, etc.). Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account. Currently, we ship to the US only, except for grandfathered customers. You are responsible for keeping your account and shipping information accurate and up-to-date and any address changes for a month’s box must be made by the 15th of the month by 11:59pm PST to be valid for that month’s box. As a courtesy, we’ll resend one lost box for free. In cases where boxes are returned to us, our policy is that, as a courtesy, we’ll resend one box for free, and, for any additional boxes that are returned to us, we will invoice you for the cost of shipping. After the first returned box, subsequent boxes will only be shipped to you after payment is received by us.

If we guarantee delivery of Product by a certain date, we may provide a refund of any Delivery Fees associated with delivery of that Product if Product does not arrive by the guaranteed delivery date, subject to the following terms and requirements: (1) The ordered Product is covered by the delivery date guarantee. (2) The ordered Product is shipping to an eligible address. (3) The Product order is placed before any deadline associated with the guaranteed delivery date. (4) The customer's credit card or debit card must also be successfully charged before the deadline associated with the guaranteed delivery date.

Our delivery guarantee shall be considered fulfilled under each of the following circumstances: (1) when the Product is successfully delivered on or before the guaranteed delivery date; (2) when an attempted delivery on or before the guaranteed delivery date is made; or (3) when an offer by the carrier of a delivery appointment on or before the guaranteed delivery date is made. The guarantee does not apply if we miss our promised delivery date because of an unforeseen circumstance outside of our control, such as a strike, natural disaster, or severe winter storm. To inquire about a refund of the Delivery Fees associated with a Product order, contact us at [email protected]

SECTION 7 - CANCELLATION POLICY

You can cancel your subscription at anytime. Cancel by 11:59 PM PST on the 15th of the month if you do not wish to receive that month’s box. To cancel, email us at [email protected] with the name and/or email address of the account. If you email to cancel between your renewal on the 15th of the month and 11:59 PM PST on that same day, you are eligible for a full refund of your renewal. If you email to cancel after 11:59 PM PST on the 15th of the month, you are ineligible for a refund for that month’s box and will receive that month’s box. Gift subscriptions (1-, 3-, 6-, 12-month terms) are not eligible for cancellation - these subscriptions will expire after the original term is complete. Multi-month subscriptions may be cancelled mid-term and will be issued a pro-rated refund for any remaining months.

SECTION 8 - RETURN POLICY

  1. Return Policy. Bookroo subscription box Products are not eligible for return except for first box refunds as described in SECTION 9.
  2. Exchanges. Bookroo does not accept any Product exchanges.
  3. Damaged Products. If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), Bookroo will send replacement Product if photo documentation is provided to [email protected] of the damaged Product within 48 hours of the Product’s delivery (as determined by USPS tracking data).

SECTION 9 - REFUNDS

If you are dissatisfied with your first Bookroo subscription box Product for any reason, Bookroo will refund the amount paid for your first month of service. Refund requests must be made directly to Bookroo at [email protected] All refund requests must be made within thirty (30) days of the first date of shipment of your first Bookroo subscription box Product by Bookroo. Upon receipt of your request, Bookroo will provide instructions for returning the Product. If for any reason you do not receive a response within three (3) business days, resubmit your request. Bookroo is not liable for Products that are damaged or lost in transit to Bookroo. Promptly (typically within five (5) business days) following Bookroo’s receipt of the returned Product, Bookroo will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Bookroo does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.

Bookroo will not provide a refund for a request that is received by Bookroo more than thirty (30) days after the first date of shipment of your first Bookroo subscription box Product. Bookroo also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

SECTION 10 - PROMOTIONS

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. Unless stated otherwise, coupon percentage discounts are based on Picture Book Subscription pricing.

SECTION 11 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not modify the price of your automatically renewing subscription without providing you with adequate notice and receiving your acceptance of the price change.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 12 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 14 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 15 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 16 - USER ACCOUNTS, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Some areas of the Service may allow Site users (“Users”) to upload, publish, display, link to or otherwise make available reviews, comments, questions, highlights, insights, trivia, quotes, worksheets, and other information ("User Content"). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

Bookroo reserves the right to, but has no obligation to, monitor, reject and/or remove any User Content at any time. For example, Bookroo may, but is not obligated to, reject and/or remove any User Content that Bookroo believes, in its sole discretion, violates these provisions.

You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post and will comply with applicable laws in posting (including properly crediting and attributing content, when applicable), your User Content; if the owner, you retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services. In all cases, you hereby represent that you have the power to grant the license granted below.

Bookroo takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. Bookroo is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Bookroo shall not be liable for any damages you allege to incur as a result of such User Content. Bookroo may provide tools for you to remove some User Content, but does not guarantee that all User Content will be removable.

Except as limited below, by posting any User Content to the Service, you expressly grant to Bookroo a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, reproduce, adapt, publish, publicly perform or display, translate, and create derivative works of the User Content.

Notwithstanding the foregoing, if you have verified in our Service as an author or illustrator of a book and post any User Content to the Service for your own book that is an image (“Creator User Content”), you expressly grant to Bookroo a non-exclusive, limited, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, reproduce, adapt, publish, publicly perform or display, translate, and create derivative works of the Creator User Content. This license granted by you continues for a commercially reasonable period of time after you remove or delete your Creator User Content from the Service. You understand and agree, however, that Bookroo may retain, but not display, distribute, or perform, server copies of the Creator User Content that have been removed or deleted.

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users. You can't use a domain name or URL in your username without our prior written consent.

We may make available to users of the Services unofficial, voluntary positions. We are not responsible for actions taken by volunteers, and we reserve the right to revoke or limit a user’s ability to hold a voluntary position at any time and for any reason or no reason, including for a breach of these Terms. Volunteers are not Bookroo employees or representatives of the company. Volunteers may not perform actions in return for any form of compensation or favor from third parties, and we reserve the right, but have no obligation, to overturn any action or decision of a volunteer.

SECTION 17 - OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Bookroo Content"), and all intellectual property rights related thereto, are the exclusive property of Bookroo and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Bookroo Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place Bookroo under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bookroo does not waive any rights to use similar or related ideas previously known to Bookroo, or developed by its employees, or obtained from sources other than you.

SECTION 18 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. For more details, please review our Privacy Policy.

SECTION 19 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 20 - ACCESSIBILITY POLICY

We are committed to providing access to all individuals, with or without disabilities, seeking information on our site.

We strive to make our website as accessible and usable as possible. We do this by following Section 508 and the Web Content Accessibility Guidelines (WCAG 2.0) produced by the World Wide Web Consortium (W3C, the web's governing body).

Section 508 is a legal requirement and WCAG is a set of checkpoints and guidelines that help ensure that websites are designed and written properly. For example:

We are committed to providing access to all individuals—with or without disabilities. If you have a problem using our site, please contact us and provide the URL (web address) of the material you tried to access, the problem you experienced, and your contact information. We'll attempt to provide the information you're seeking.

SECTION 21 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to cause or encourage any inaccurate measurements or manipulate any Site metrics or the Service in in any manner by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, or pretext; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You are also prohibited from any resale, commercial, or derivative use of any part of the site or its content; any collection and use of any reviews or other information included on the site unless expressly permitted by our written consent, provided that our editorial book reviews may be used in book marketing efforts if Bookroo is credited for the review; or any use of data mining, bots, or similar data gathering and extraction tools on any part of the site.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 22 - COPYRIGHT COMPLAINTS

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of the material that is claimed to be infringing and where it is located on the Service;
  4. Your address, telephone number, and e-mail 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 law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Bookroo’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent Attn: DMCA Notice Bookroo 42 N Univ Ave, Suite 204, Provo, UT 84601 Email: [email protected] Telephone: (929) 352-0542

Please note that this procedure is exclusively for notifying Bookroo and its affiliates that your copyrighted material has been infringed.

SECTION 23 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOKROO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOKROO DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, BOOKROO’S SERVERS OR SERVERS UTILIZED BY BOOKROO OR ELECTRONIC COMMUNICATIONS SENT FROM BOOKROO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS, CONTENT, MATERIALS, INFORMATION, AND SERVICES (INCLUDING SOFTWARE) DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BOOKROO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO CASE SHALL BOOKROO, OUR DIRECTORS, OFFICERS, MANAGING MEMBERS, MEMBERS, PRINCIPALS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 24 - INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bookroo and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

SECTION 25 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 26 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 27 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Utah, United States.

SECTION 29 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 30 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]