TERMS OF SERVICE
P.O. Box 41328
North Charleston, SC 29423
Welcome to the website of Books Rock, Inc., located at booksrock.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our web site and hereinafter "You" or "Your") for visiting Our site and considering Our products and services
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions
taken under Your User Name and Password. Please remember it is Your
responsibility to keep this data secure and You hereby agree that We are not
liable for any loss or damage arising from Your failure to keep Your password
secure. Further, You agree to immediately notify Us of any unauthorized use of
Your password or any breach of security.
We sell kids books at warehouse pricing and have over 1 million titles in stock - everyday.
To place an immediate order, simply click on the product to view its description and click to add this item to Your shopping cart. Payment may be made online or by phone with a Discover, MasterCard, Visa or American Express credit card.
Our goal is to ship Your order in full as quickly as possible. All of Our products are usually in stock; however, occasionally a product that You order will be out of stock. In such cases, We will charge you for the items that are in stock and ship them out. When the back-ordered item becomes available, We will charge your credit card and ship it out.
We are more than just a bookstore. We also offer a variety of DVD's and CD's, a Bargain Nook, Boxed Book Assortments, Foreign Language Materials, and more on Our Web site. Simply click through to these pages on Our web site to learn more about and purchase these Other Products through our secure shopping cart.
We Want To Help You Select The Right Product For Your Needs.
If You need more information about a product, please contact Us by calling us toll free at 866-391-7323 or by using the live customer support chat feature found in the top right corner of every web site page.
MONEY BACK GUARANTEE AND RETURN POLICY:
Before returning any merchandise, pleases contact us at: firstname.lastname@example.org for detailed instructions.
We can process returns and refunds only for items directly purchased from and fulfilled by Us. Returned items must be shipped prepaid and received in resalable condition. We will only accept returns on items shipped in error or damaged in transit. Returns must be returned within 15 days of receiving the item. If the wrong book was shipped in error the Shipping cost may be waived. On items of 2 to 19 units a 10% restocking fee may be deducted from the refund amount.
In most cases, We will issue a refund in the same form of payment originally used.
All items purchased from BooksRock.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We have a registered trademark in the name booksrock.com and our logo.
As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; if You
feel any content on this website violates Your copyrights please contact Our
Books Rock Inc.
PO Box 41328
North Charleston, SC 29423
by email or regular U.S. mail with the following information:
Once We have received Your complaint We will:
Counter Notification - To be effective under this
subsection, a counter notification must be a written communication provided to
the service provider's designated agent by email or regular U.S. mail that
includes substantially the following:
Upon receipt of a counter notification We will promptly
provide the complaining party with a copy of the counter notification, and
inform that person that We will replace the removed material and cease
disabling access to it not less than 10, nor more than 14, business days
following receipt of the counter notice, unless Our designated agent first
receives notice from the person who submitted the notification that such person
has filed an action seeking a court order to restrain the subscriber from
engaging in infringing activity relating to the material on the service
provider's system or network.
USING GOOD CITIZENSHIP ON THE WEB
You understand and agree that You will not:
1. Use Our website to post, upload or transmit any content that is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
2. Impersonate another person;
3. Stalk or otherwise harass another; or harm a minor in any way.
4. Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the site.
5. Post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes.
6. Promote an illegal or unauthorized copy of another person’s copyrighted work.
7. Upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Use software that automatically creates user identities.
9. Intentionally or unintentionally violate any applicable local, state, national or international law.
10. Post inaccurate or misleading information.
11. Solicit money from any poster.
You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Finally, We may delete data and posts which violate this Agreement; or delete data for any reason or for no reason based on Our sole discretion.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH, RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OR GOODS OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information
provided by Us in violation of any State or Federal law. Further, You agree to
indemnify, defend, and hold Us harmless, as well as holding harmless Our
parents, subsidiaries, affiliates, officers, directors, employees, agents, and
suppliers, and their respective affiliates, officers, directors, employees, and
agents, from any claim, action, demand, or damage, including reasonable
attorney's fees, made by any third party or governmental agency arising out of
or related to Your use of any service offered by Us or Your violation of this
Agreement, including without limitation, claims or suits for libel, violation
of rights of privacy or publicity, interference with property rights, trespass,
violations of Federal or State Law, patent infringement or plagiarism. We may,
at Our sole discretion, assume the exclusive defense and control of any matter
subject to indemnification by You. The assumption of such defense or control by
Us, however, shall not excuse any of Your indemnity obligations.
We shall not be liable for delays or nonperformance of this
Agreement caused by strike, fire or accidents, nor shall We be liable for delay
or nonperformance caused by lack of availability of materials, fuel or
utilities or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement.
INTENDED FOR USERS OVER 18
Our services are available and may only be used by individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Except as modified or supplemented by a writing executed by
both parties, the Terms and Conditions described herein are the only
representations, warranties, and understandings between the Parties with
respect to the products and/or services described herein.
In the event of a dispute, You
agree to attempt to resolve the dispute by contacting Us at email@example.com
prior to taking any other action. Failure to contact Us to attempt a dispute
resolution prior to taking any other action will result in a breach of this
Agreement by You. This Agreement and Your use of Our web site are governed by
the laws of the State of South Carolina, and the courts of general jurisdiction
located within Charleston County, South Carolina, will have exclusive
jurisdiction over any and all disputes arising out of, relating to, or
concerning this Agreement or any other controversy between You and Us. You
hereby waive any right to a trial by jury in the event of any controversy or
claim relating to this Agreement. In addition to the foregoing, in the event
of any breach or violation of this Agreement, We shall be entitled to enforce
all of Our legal remedies for the breach or wrongful activity including, but
not limited to, seeking actual damages, the maximum amount of statutory damages
under applicable statutes and Acts, profits, treble damages, and attorneys’
fees and costs. These remedies and damages are in addition to the monetary
payments described above and/or any amounts otherwise due under this Agreement.
If any provision, or portion thereof, of this Agreement is
held by a court of competent jurisdiction to be invalid under any applicable
statute or rule of law, You and We agree that such invalidity shall not affect
the validity of the remaining portions of this Agreement and further agree to
substitute for the invalid provision a valid provision which most closely
approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and
shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of August 24, 2017. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.