Effective March 21, 2019
Last Updated January 22, 2020
These Terms apply to all users of the Services, but depending on the Services used by you, not all Terms may applicable. As a user of the Services (“you” or “your”), agree that these Terms are a binding contract that applies to all of your use of the Services and the products you purchase through the Services. You agree that you will comply with these Terms. If you do not agree with these Terms, you should not use our Services. Consent to receive text messages is not a condition of purchase.
These Terms are effective as of the effective date identified above. These Terms are subject to change, so we encourage you to periodically review the Terms posted on the Services. Any changes will be posted on this site and will govern the use of the Services, and purchases made through the Services, after such postings.
Additional or different terms may apply to some offerings on our Services, such as return policies for certain products or Services, contests, or sweepstakes. Those terms will be posted on the Services in connection with the relevant offering. If the other terms are inconsistent with these Terms, the other terms will govern for the relevant offering.
The Services may contain links to goods, services or content, including third-party stores where products may be available for purchase that are not under Follett's control. Follett is not responsible for the content of those offerings and will not be liable for any damages caused by your use of or reliance on such goods and services or content. You should be aware that different terms may apply to your use of those offerings and we are not responsible for purchases you make, and additional or different purchase terms may apply.
2. Restrictions on Use of Services:
By using the Services, you represent to us that you are (1) at least 18 years of age or are using the Services under the supervision of your parent or guardian, (2) able to enter into a binding contract, and (3) using the Services only as they are intended. All other use of the Services is prohibited.
3. Standards of Conduct:
To maintain the integrity of our Services and the user experience of all users of the Services, you agree not to misuse our Services or their content. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:
- Disrupt or interfere with the normal operation and navigation of the Services or the availability of the Services to other users.
- Circumvent any measures we use to limit access to the Services or particular content available on the Services.
- Access the Services using any unauthorized “robot,” “spider,” “scraper” or other automated means.
- Use a false name or contact information, impersonate any person or entity, or otherwise misrepresent your identity, affiliation or the origin of materials you transmit.
- Display the Services, or any of their content, in a “frame,” in connection with any other content or trademark, or in any other way that could potentially deprive us of revenue or falsely suggest a relationship between us and any third party.
- Make any commercial use of the Services or their content, including collection or use of information concerning our product offerings, descriptions, images, prices and sales volumes.
- Maintain any link to the Services from any commercial website, or maintain any other link that we ask you to remove.
- Transmit to or through the Services any viruses, spyware, adware or other harmful code.
- Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Services.
- Use the Services to advertise or promote any goods or services other than ours.
- Use the Services to transmit or collect personal information about other users.
- Use the Services, or any content from the Services, to advertise or solicit for any other person, entity or cause, or otherwise to compete with us or act illegally or maliciously against our business interests or reputation.
If you violate this Section, we may terminate your access to the Services, take other remedial actions, and seek any remedies permitted by law.
Confidentiality. You may, depending on your relationship with us, your use of the Services, or the types of transactions you engaged in with us,, come into contact with confidential information of Follett, including, but not limited to, trade secrets, methods, details about the Services or products offered, and business or marketing plans (“Confidential Information”). The Confidential Information is owned solely by Follett and is considered to be proprietary and confidential. You agree to hold the Confidential Information in strict confidence and take reasonable measures to keep it secure. Your agreements contained in this paragraph shall survive the termination your account, your use of the Services, and/or the expiration of these Terms.
Some of our Services offer you the opportunity to create a user account to access additional functionality such as making online purchases, or may require you to establish a user account to utilize a Service. This Section, “Accounts,” establishes additional terms that apply to such accounts.
You may only create and hold one account for each of the Services, and you may not use anyone else’s account. When we request information from you to set up an account, you must provide us with accurate and complete information. You also must update your account when information you have provided to us changes. To update your account information, click on the “Account” link or other applicable account settings on the relevant Services.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and you must not permit use of your account by anyone else. You accept responsibility for all activities that occur under your account, including product purchases made using your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use of your account.
You authorize us to use the contact information you provide us to communicate with you about your orders and our Services and products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, through posting or email, satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.
We provide most of our products and services (e.g., Destiny, Aspen, IB Store, Follett Access, Axis 360) to end-users of an organization as a 'data processor' on behalf of our clients (i.e., colleges and universities, school districts, schools, libraries, and businesses). A data controller is a person, company, or other body that determines the purpose and means of personal data processing (this can be determined alone, or jointly with another person/company/body). It also means that your organization's privacy statement governs the use of your personal information (instead or ours). Please read your organization's privacy statement. Your organization determines what information we collect through our products, services and how it is used. We process your information according to your organization's instructions and the terms of our contracts with your organization.
We reserve the right to terminate your access to your account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your account is terminated, you may lose access to any information stored in connection with your account, and any promotional account credits and any other forms of value that may be associated with your account. Upon termination, these Terms shall continue to apply to any other use of the Services that you are permitted to make.
You may disable your account at any time by contacting a customer service representative of the applicable Service. Your account will only be disabled after you have returned all books that have been rented to you (if any) and all transactions have been processed including payment of assessed penalties or the cashing of any refund check.
5. Mobile Services:
Some of the Services may have features of the Services targeted to users of wireless devices (“Mobile Features”), including an SMS and/or MMS messaging program (“Messaging Program”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged.
By signing up for a Messaging Program, you agree to receive up to five (5) SMS and/or MMS messages per week. We may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you use to opt in. Consenting to receive SMS and/or MMS messages is not a condition of purchase. Message and data rates may apply. Depending on your text plan you may be charged by your carrier. The service is a recurring message program.
To stop receiving messages, reply STOP to any message received. Once your telephone number is removed from our system, you will receive a final confirmation message and no further messages will be sent to your cell phone or mobile device.
Carriers are not liable for delayed or undelivered messages.
Some of our Services offer you the opportunity to order products. This Section, “Purchases,” states additional terms that apply to such orders.
Product Availability. Not all products are available in all styles, sizes, and colors.
Pricing and Availability. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars, except where otherwise noted. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on our Services, a price stated on a Service occasionally may be in error. If in processing your order we determine that the correct price is less than the stated price, we will charge you the lower price. If we determine that the correct price is higher than the stated price, we are not obligated to fulfill your order at the stated price. We will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.
Course requirements (including updated data from publishers and changes in instructor preferences), pricing and availability are subject to change. We cannot guarantee that all items displayed will be in stock at the time of your order. With respect to items rented through our website, we cannot confirm the price of an item until you place an order.
Product Descriptions. We try to be accurate when we describe and depict products on our Services. However, with regard to clothing, certain measures and other descriptions are only approximate. We also cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images, including depictions of color, texture and proportions, will always be complete, reliable, current and error-free. If you purchase a product from one of our Services that you believe is not as described or depicted, you may return it to the extent provided in the applicable return policy described below.
Taxes. Rentals and purchases through the Services may be subject to taxes in certain states. Depending on your state and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
Discounts and Promotions. The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.
Clearance Items. Products designated as “clearance” items will not return to higher, prior selling prices, but the same items previously may have been offered at or below the current price. Clearance items may (1) be available in limited quantities and sizes, (2) remain on the Services for only short times, and (3) be unavailable in stores. Clearance items are not returnable or refundable.
Ordering. When you click the “Place Order” button on a Service, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to try to exceed stated quantity limits (except where specifically noted), violate the terms of any specific offer or promotion, or place orders through the Services if we have notified you that you are prohibited from placing orders through the Services.
Payment. We accept only the payment methods indicated on the Services. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.
Shipping to our Retail Customers. Shipping options and applicable charges for our retail customers will be stated during the order process. The U.S. Postal Service delivers to P.O. boxes, but this method may delay your order. Please note that Next Business Day and 2nd Business Day shipping options are not available for delivery to P.O. boxes. For some campus or corporate on-site stores, items ordered online can be shipped to the store for free. Where available, the Delivery Options page will offer the option of “Store Pickup.” We will send you emails with updates on your order's status as they become available. Additional charges may apply for shipments to Alaska and Hawaii.
Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.
Shipping to our Wholesale Customers. Shipping to our institutional wholesale customers shall be subject to the terms disclosed to you at the time of purchase or by the terms mutually agreed upon in writing by you and Follett.
International Shipping. Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees, and restrictions. Such information will be provided during the checkout process. If you have any questions or require additional information about shipping to addresses outside the U.S. please contact us using the information in Section 17 below.
Returns. We hope you are happy with the products you purchase. However, most items we sell may be returned to us under certain circumstances, as explained in the return policy posted on the relevant Services. We reserve the right to refuse to issue a refund or credit, and the right to recover the cost of return delivery from you, if any product you return (1) is not eligible for return, in accordance with the relevant return policy or the terms of any specific offer or promotion, or (2) is found to have suffered damage after delivery to you, including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated returns location.
Return terms and policies may vary by Service (including by bookstore or corporate store). Please check the return policy of the Service where you are making a purchase for additional details. Where the Return terms and policies are different for a particular Service or bookstore or corporate store from what is state above in these Terms, those specific Return terms and policies will control.
Higher Education Customer Service Team contact: firstname.lastname@example.org, or call 1-800-381-5151
Follett School Solutions (K12) Customer Support: 1-888-511-5114
Gift Certificates. Gift certificates purchased through the Services will be considered to have been purchased in and issued from the State of Illinois. Title and the risk of loss to such gift certificates pass to the purchaser upon our electronic transmission to the recipient.
7. Follett Brand-Specific Terms
Follett School Solutions. Notwithstanding anything to the contrary set forth herein, the following shall apply to any orders submitted through a Follett School Solutions website. Upon shipment of your ordered items or completion of ordered services, Follett will issue you an invoice that will be payable net thirty days. Unless otherwise indicated, all prices are in U.S. dollars. Software products are sold subject to their applicable Software License Agreement. Hardware, scanners, scanning supplies and related products are sold subject to the manufacturer's warranty (if any) enclosed in manufacturer's packaging, unless an extended maintenance agreement has been purchased above and beyond the manufacturer's warranty. Follett reserves a purchase money security interest in any goods ordered on our site until such goods are paid for in full. All delivery is FOB your location. Prices are Follett's net prices to schools and libraries and are subject to change. Applicable sales tax will be added to your invoice unless you submit evidence of tax exemption. Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we may substitute with a comparable product and process the remainder of your order.
Follettbooks.com. Notwithstanding anything to the contrary set forth herein, the following terms shall apply to users of follettbooks.com:
By submitting an order on follettbooks.com, you authorize Follett to invoice and ship you those items in your order confirmation available at the time of shipment at Follett’s then current price, which may or may not match the quantity or pricing shown in your order confirmation. In addition, by submitting an order on follettbooks.com, you represent and warrant that you are reselling the items ordered and will provide Follett with a reseller’s certificate upon request. You agree to bear responsibility for any taxes incurred by Follett as a result of your failure to provide such a certificate.
The pricing and availability of books shown on follettbooks.com are estimates only and subject to change at any given time. A statement showing the quantity of a particular title or titles does not necessarily reflect the total quantity in Follett’s inventory, but rather the maximum quantity Follett is able to offer you for sale at the time you place your order.
BookVolume.com. Notwithstanding anything to the contrary set forth herein, the following terms shall apply to users of BookVolume.com (“BookVolume”):
Nature of Services. The Services provided by BookVolume are based on information retrieved from external sales venues such as Amazon.com and Half.com. Follett does not provide a guarantee that the information gathered from these venues is reliable in any way. It is your sole responsibility to validate all items for purchase before proceeding with checkout and payment.
Use of Services. You hereby authorize Follett to search for books and other media items on your behalf. Furthermore, you authorize Follett to keep historical records of purchases made through the BookVolume Service for an indefinite period.
Login and Security.
- In order to register for the BookVolume Services, you must select login names for each account user. Upon providing a login name for any account user, you agree that you are authorizing such person to access and utilize your BookVolume account. You may terminate any authorized persons access to and/or use of your BookVolume account by providing notice to email@example.com. Such notice will be effective upon written confirmation by Follett, via email, of receipt.
- You agree that you are solely responsible for the activity of all persons you have authorized to access and utilize your BookVolume account. Strict confidentiality of all passwords, secret questions and login names is your sole responsibility.
- You further agree not to provide access to your BookVolume account by (a) allowing others to use your account after you log in, whether intentionally or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access your account for any reason.
- You agree to immediately notify Follett of any unauthorized access to or from your BookVolume account.
No Liability. You acknowledge and agree that Follett is not liable for any purchases made that were accidental or otherwise unwanted for any reason. This includes but is not limited to all books and other media items purchased from lists residing on Follett’s servers. Furthermore, you acknowledge and agree that Follett is not liable for damages resulting from its use or access, or any third parties use of or access, to your BookVolume account, whether or not such access and/or use is with or without your knowledge or consent.
- All invoices for BookVolume Services will be considered final ninety (90) days from the date such invoice is delivered to you, whether such delivery is by e-mail or otherwise. You agree not to make any claims related to billing errors after such ninety (90) day period expires.
- You agree to immediately notify Follett of any changes related to your account with BookVolume, including, without limitation, changes in your billing address or applicable credit card used for billing purposes.
Suspension/Termination. Follett reserves the right to discontinue or suspend the BookVolume Services and/or your BookVolume account at any time, with or without cause and with or without prior notice. Upon any such suspension or termination, you will be responsible for payment of current charges up to and including the day of termination.
8. Community Forums and User Content:
Some of our Services offer you the opportunity to provide comments or otherwise transmit material through our Services (collectively, “Community Forums”) including, but not limited to, follettcommunity.com, follettchallenge.com, and Follett official social media accounts on Facebook and Twitter. Information that you provide to us, other than product orders and personal information, is referred to in these Terms as “User Content.” Profile information provided with registration for the Community Forums (e.g. name) may be displayed with the content. This Section 8, “Community Forums and User Content,” states additional terms that apply to User Content.
When you provide User Content, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit the User Content by any means now known or developed in the future, and for any purpose, including for developing, manufacturing, and marketing products and in advertising. You agree that (1) User Content is not being provided to us in confidence; (2) there is no confidential or fiduciary relationship between you and us; and (3) you have no expectation that we will review, acknowledge or compensate you for your User Content.
To avoid the possibility of misunderstandings, our policy is not to accept creative ideas, product designs, proposals, business plans or similar materials provided as User Content. Please do not provide us with such materials. If you nonetheless do so, the immediately preceding paragraph will apply.
You bear all responsibility for your User Content. You agree not to provide User Content that (1) violates applicable law; (2) is harmful, abusive, offensive, false, threatening, disparaging, defamatory or racist; (3) promotes violence or unlawful activity; (4) violates any person’s or entity’s legal rights (including intellectual property, privacy and publicity rights); or (5) purports to speak on behalf of us. When you provide User Content, you represent that you have the right to provide it to us and that it is not inaccurate, false or misleading.
We may refuse or remove User Content without notice to you. We may monitor User Content but are not required to do so. You agree that we will not be liable for any loss or damage resulting from your User Content or similar submissions made by other users.
9. Contests and Sweepstakes:
We may offer sweepstakes or contests, which may be hosted by or offered in conjunction with third parties. Additional or different terms may apply to such contests or sweepstakes. The relevant terms will be posted where information is collected to enter into the contest or sweepstakes. If the other terms are inconsistent with these Terms, the other terms will govern for that contest or sweepstakes.
10. Changes to Services:
We reserve the right to take any of the following actions in our discretion at any time, and without giving you prior notice:
- Change or discontinue the Services, and the products and promotions offered on the Services.
- Limit the availability of products.
- Change the prices of products.
- Impose conditions on product sales and promotions.
- Restrict or terminate your access to the Services.
We will not be liable to you or any third party for taking any of these actions.
11. Copyright, Trademarks, and other Intellectual Property:
We grant you a limited non-exclusive, non-transferrable license to access and use our Services for your personal, non-commercial use only in accordance with these Terms. Any commercial use; any unauthorized use of a “robot,” “spider,” “scraper” or other automated means; use in violation of the policy of any school represented on the Services; or use for data collection and/or profit is not allowed.
This license authorizes you to view, download, print, and access video, audio, graphics, photos, text, special features, and/or messages (collectively "Content") via the Services in accordance with the terms of this Agreement during the timeframe in which your account is active and for the duration of the
access window for each individual Content item. Unless you are otherwise authorized by Follett to do so, you agree not to (1) archive, store in a database or otherwise copy any part of the Services or their content; (2) modify or otherwise create derivative works of the Services or their content; (3) distribute or otherwise disseminate any part of the Services or their content; and (4) in any way exploit any part of the Services or their content.
All Content on the Services, including text, site design, graphics, images, data compilations, lists, bibliographic information, book covers and software, is the property of Follett or its licensors and is protected by U.S. and international copyright law. You must comply with all such laws. Downloading, printing, copying, distributing or using the contents of any pages in the Services in any manner inconsistent with the license granted above and without prior written consent from Follett is prohibited. All rights not expressly granted herein are reserved.
Follett®, Rent-A-Text®, efollett®, edoption®, Skyo®, includED®, ePartner®, rentsbooks®, Aspen®, Titlewave®, Destiny® and the other trademarks used on the Services are the property of Follett or a third party who may or may not be affiliated with or sponsored by Follett. You agree not to use the trademarks in any manner that infringes upon the ownership rights of Follett or such third party.
As between you and us, we retain all right, title and interest in and to our Services, products, content and technology. You agree not to remove, obscure or alter any trademark, copyright or other legal notices on the Services. You also agree not to use our trademarks in meta tags, search terms (paid or unpaid) or in any way that is likely to cause confusion or that disparages or discredits us.
12. Notice of Copyright Infringement:
We respect the intellectual property rights of others. If you believe that content on the Services infringes your copyright, you may send a notification pursuant to Section 512 of the Copyright Act (17 U.S.C. § 512) to our designated agent as follows:
3 Westbrook Corporate Center
Westchester, IL 60154
Attn: General Counsel
13. Arbitration/Choice of Law:
If you have any dispute with or claim against us (a “Claim”) arising out of or relating to the Services or these Terms, including any Claim relating to your purchase of products through the Services, any communications between you and us, and the claim is not resolved by calling our customer service department at the telephone number provided on the “return policy” or “contact us” page of the Services, 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 13 shall survive termination of your use of the Services or any user account that you may have.
Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to us a written notice of your claim (“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 such a notice within one year after your Claim accrued. Otherwise, you waive the Claim. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence arbitration or file a small claims court action to resolve the Claim.
Any such arbitration 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, IL. 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.
14. Disclaimer and Limitation of Liability:
WE DO NOT WARRANT: (1) THAT THE SERVICES OR THEIR OPERATION OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR THEIR CONTENT WILL CONTINUE TO BE AVAILABLE. WE SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE SITES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SITES AND THEIR CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
WE DISCLAIM ANY LIABILITY WHATSOEVER FROM ANY USAGE OF MOBILE DATA, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE OR LOSS OF DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. SOME CONTENT ON THE SERVICES MAY HAVE BEEN POSTED BY THIRD PARTY USERS OF THE SERVICES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE SHALL HAVE NO LIABILITY FOR ANY SUCH CONTENT.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF SHIPPERS OR OTHER THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES, YOUR USE OR INABILITY TO USE THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, 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 SERVICES (INCLUDING FOR ANY PRODUCTS PURCHASED THROUGH THE SERVICES) IN THE TWELVE MONTHS PRECEDING THE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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 Services 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 15 without our prior written approval.
16. Miscellaneous Provisions:
You agree that we may provide you notice by attempting to contact you using the contact information you have provided to us or by posting notice on the relevant Services. If you do not provide us with accurate contact information, we will not be responsible for failure to notify you.
These Terms, including any additional terms or policies posted on the Services, constitute the entire agreement between you and us, and supersede all prior agreements, with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
17. Contact Information:
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (916) 445-1254 or (800) 952-5210, or by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.