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Standard Terms and Conditions for the Site.
The Company maintains the Site to provide you with information about its book, A Faithful Elf and the author of the book. By using the Site, you agree that your access to and use of this web site or other are bound by the following terms and conditions (the "Terms").
Personal Use Only
The Site and all related services (the "Services") are available only for your personal, non-commercial use. You may not use the Services to increase traffic to your web site for commercial reasons or sell a service or product unless you enter into an agreement with the Company describing the terms of your commercial use. You may not "metasearch" any information relating to the Services, including, without limitation, any posted book review (the "Reviews"). You may not reproduce, distribute, store, broadcast, sell or sublicense information or content included on the web site without obtaining prior written consent of an authorized representative of the Company. The Company reserves all rights not granted herein, including all copyrights.
Please contact the Company if you are interested in entering into an agreement with the Company regarding your potential commercial use of the Services. You may use the "Contact Us” links found on the Site for more information.
Links
This web site may contain links to other web sites. The Company is not responsible for the content of such other web sites including any changes or updates that are made to the linked web site or the accuracy or completeness of the information provided on other web sites. The Company does not screen the links included in the Services and the linked web sites are maintained by persons over whom the Company exercises no control. Use of the Services may inadvertently produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search or link will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search or link pursuant to the Services.
If the Site contains such links, the Company is providing the links as a convenience to you and the existence of the links on this web site does not imply that the Company approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with the Company or the Site.
Modification
The Company may modify or terminate the Services for any reason, and without notice, without any liability to you, any other user or any third party. The Company reserves the right to modify the Terms from time to time without notice. By accessing this web site or using the Services after any changes to the Terms have been posted thereon, you will be deemed to have consented to all such changes. Please review the Terms from time to time so that you will be aware of any changes.
Intellectual Property
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this web site are registered and unregistered marks of the Company and others. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark, without the written permission of the Company. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this web site, without prior, written permission.
You are responsible for the accuracy and truthfulness of any information, including but not limited to Reviews, remarks, suggestions, ideas, graphics or other submitted content, communicated to the Company by you through this web site or the Services, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided). You may not post material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation.
The Company does not endorse the accuracy or reliability of, and is not responsible for, any statement, opinion, recommendation or any other submitted content, including, without limitation, any Reviews. Any reliance on a Review or other content shall be at your sole risk.
The Company retains the right, but not the obligation, in its absolute and sole discretion to screen, edit or delete any Review or other displayed or submitted content and to prevent or restrict access to the Services for any reason.
By submitting Reviews, creative ideas, concepts, know-how, techniques, suggestions, opinions, materials or any other content, you acknowledge that all such submissions become the exclusive property of the Company, without compensation and the Company may copy, incorporate, distribute or otherwise use such submissions for any commercial or non-commercial purpose. You hereby agree to take whatever further actions, may be necessary to assign your rights to the same to the Company.
You acknowledge that the all information and content on the web site and any intellectual property rights embodied therein are the property of the Company or its information providers. The web site is subject to protection of intellectual property laws of Canada and the United States of America and all other jurisdictions and was created, compiled, prepared, selected and arranged by the Company through the expenditure of substantial effort and resources. This web site constitutes valuable property of the Company.
While the Company has made every reasonable effort to ensure a secure online book purchasing process for the User, the User acknowledges and recognizes that no online system can be guaranteed to be one hundred percent secure. The User further acknowledges that they will take all precautions necessary to protect their personal computer and its operating environment from unsecure activity. The User acknowledges and affirms that they understand, agree to, and will comply with the Online Privacy policy as outlined in the Company’s Online Privacy Policy.
Charitable Contributions by the Company
The Company has pledged that for every book purchased on the Site, denoting an “Online Purchase”, that it will contribute a minimum of $3.00 U.S. currency to a charitable cause. The User hereby acknowledges that this contribution is not being made on their behalf, nor is it subject to a tax deduction on their part. The donation pledged is understood to be from the Company to the Charitable Cause and is being pledged from the Company’s net profit derived from the sales of the book. The User further acknowledges that at no time does this pledge constitute or create a liability of or on behalf of the Company to either the User or the specific Charitable Cause.
It is the intent of the Company to allow the User(s) to submit legitimate charitable causes by submitting to the Company appropriate information to include, at a minimum, the cause name and a contact, with contact email and phone number. It is understood by the User that any such request of the Company is accepted at the sole discretion of the Company. The Company may, again at its sole discretion, request more information about the Charitable Cause. The Company is under no obligation whatsoever to approve any Charitable Cause for use on this Site. The Company further reserves the right to terminate a Charitable Cause listed when it believes, at its sole discretion, that there is any illegitimate action being created through the listing of said cause.
The Company will have a default charity, the St. Jude Children’s Research Hospital (“the Default Charity”). The Company has no legal relationship, nor is it affiliated in any way, with the Default Charity. The Default Charity will receive a donation of at least $3.00 per book sold through the Site when (1) the User purchases a book(s) without entering the Site under an alternate Charitable Cause, or (2) in the event that a previously accepted Charitable Cause listing is terminated by the Company.
The User further agrees that, if they choose to send an email to friends, or post the Charitable Cause URL in any Online webpage, or other medium, on behalf of any of the listed Charitable Causes, they understand that they will receive no compensation from the Company or the Charitable Cause for doing so. Any sharing of this link is done without compensation and is purely for the benefit of the Charitable Cause. The User also agrees to all terms of the Company’s Online Privacy Policy.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this agreement or any use of the Services by you, or by another person using the Services through you or using your computer.
Disclaimer of Warranties
The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed as a result of the Services. The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through use of the Services.
ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE COMPANY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Choice of Law
These terms and conditions shall be governed in all respects in accordance with the laws of the State of Massachusetts without regard to the conflict or choice of law rules thereof. The courts of the state of Massachusetts shall have exclusive jurisdiction over any dispute arising hereunder. If for any reason a court of competent jurisdiction finds any provisions or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in a writing and signed by the Company.
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