Terms and Conditions

Terms and Conditions Overview

Welcome to booksarefun.com. Booksarefun.com is a contribution site comprised of various web pages operated by Books Are Fun, Inc. This contribution site is designed to obtain contributions for books for students. This is done through parents entering email addresses and text numbers of friends and family, which is then used on their behalf to request contributions for books for their children.

Throughout the website, the terms “we”, “us” and “our” refer to Books Are Fun, Inc. Books Are Fun, Inc. offers this website (the “Site”), including all information, tools and services available from this Site to you (collectively the “Content”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Site 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, posted on the Site, and/or available by hyperlink. These Terms of Service apply to all users of the Site, whether by computer, mobile phone, tablet, console, or any other device, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you must exit the Site immediately and you may not access the Site or use any Services. 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 the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services.

Site Access

The Site and the Content may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, and who are not otherwise barred from using the Site or Service under applicable laws. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and are not otherwise prohibited from accessing and using this Site or the Services.

You may access and use the Site and the Services only in accordance with all applicable laws and regulations and these Terms of Service. You acknowledge and agree that we may, in our sole and absolute discretion, and without notice or any further obligation to you, temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site or the Services. You agree not to:

use our products for any illegal or unauthorized purpose; modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any of the Content;

breach, attempt to breach, or otherwise bypass any security or authentication measure of the Site, the server on which the Site is stored, or any server, computer or database connected to our Site;

transmit into or submit to the Site any of the following: viruses, malware, malicious or destructive code or other undisclosed feature that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Site, including the systems or servers that host the Site; and

use the Site or 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 collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (i) for any obscene or immoral purpose.

Any unauthorized use of the Site, Content or the Service will terminate the permission or license granted by these Terms of Service, and will result in you being barred from using the Site or 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 Content or Service, use of the Service, or access to the Service or any contact on the Site 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.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current, and we do not warrant or represent that it is accurate, complete, or current. The Content and other 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 Content and any other 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 Content 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.

Modifications to the Service and Prices

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

Terms of Sale and Billing Information

All contributions made through the Site are governed by any terms that may be posted at the Site, including these Terms of Service, as well as any terms otherwise provided to you by us (“Terms of Sale”). By making a contribution, you agree to be bound by these Terms of Sale and any other applicable terms set forth on the Site.

Prior to student book shipment, we will refund any contribution for any reason. Please contact us at bookblastsupport@booksarefun.com, we are happy to help.

SECTION 6 – YOUR ACCOUNT

You may be prompted to establish an account with us, which you may do at your discretion. In connection with any such account, you are solely responsible for the following: (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your account; and (iii) keeping your email address and other information listed on your account current and accurate. You are solely responsible and liable for all activities, including but not limited to all purchases of products through the use of the Site that occur under your account. You agree to immediately notify us in the event of any authorized usage of your account. We have the right to disable any account at any time.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools and ”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 or websites are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Site or the Service may include materials from or controlled by third-parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. These links are merely provided as a convenience to you and do not imply our endorsement of the content, products, services, information and opinions offered or endorsed by any third party. 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.

User Comments, Feedback and Other Submissions

If, at our request, you send us submissions (for example requests for an event), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You acknowledge and agree that you are solely responsible for the information, opinions, messages, comments, images, media, and/or product feedback that you submit, upload, post or otherwise make available on or through the Site. We may, but have no obligation to, monitor, edit or remove any such content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

When submitting any content to the Site, or otherwise using the Site or the Services, you agree not to:

submit any comments that will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right;

submit any comments that contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Site, or any related website;

use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments;

defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of other;

We take no responsibility and assume no liability for any comments posted by you or any third-party. The list of prohibitions is merely illustrative and is not intended to be a complete or exhaustive list of all prohibitions. We reserve the right to terminate your access to your account, terminate your ability to post content at the Site or provide comments, and delete any of your submissions, for any and all reasons, with or without notice, for any action that we deem to be inappropriate or disruptive to the Site or any other user of the Site. Notwithstanding the above, we have no obligation to monitor, police or remove any comments, submissions or any other information submitted by you or any other user of the Site or Services.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which may be accessed at the bottom of our homepage.

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 service or event descriptions, promotions, offers, or services availability. We reserve the right to correct any errors, inaccuracies or omissions. However, we undertake no obligation to update, amend or clarify information in the Site, the Service or on any related website, except as required by law. No specified update or refresh date applied in the Site, the Service or on any related website, should be taken to indicate that all information in the Site, the Service or on any related website has been modified or updated.

Copyright and Trademarks

The Content, Site, and Service are the sole property of us and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with the Terms of Service. Other than as necessary for your use of the Site or Service in accordance with these Terms of Service, we grant no other privileges or rights in the Content to you. No part of the Site, and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution, or for any commercial purpose or enterprise. All trademarks, trade names, trade dress and logos that appear on the Site (“Marks”) are proprietary to us. You may not display or reproduce the Marks.

Disclaimer of Warranties; Limitation of Liability

AS A CONDITION OF YOUR USE OF THE SITE AND/OR SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU WIL NOT USE THE SITE AND/OR SERVICES FOR ANY UNLAWFUL PURPOSE OR FOR ANY PURPOSE THAT IS PROHIBITED BY THESE TERMS OF SERVICE.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SITE, SERVICE AND CONTENT, INCLUDING ANY LINKS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT, AND SERVICES, INCLUDING WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODES OR PROGRAMS, AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OR DEALING OR PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, SERVICE, OR ANY OTHER INFORMATION ACCESSIBLE THROUGH THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

In no case shall Books Are Fun, Inc., our directors, officers, representatives, 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 or not you have been previously advised of the possibility of such damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, Service or any products procured using the Site or Service, or for any other claim related in any way to your use of the Site, Content, Service or any product, including, but not limited to, losses or damages caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect any of your devices. Some states or jurisdictions do not allow for the exclusion or the limitation of liability for consequential or incidental damages, therefore, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. By accessing the Site or Services you understand and agree that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.

Indemnification

You agree to indemnify, defend and hold harmless Books Are Fun, Inc. and our parent, subsidiaries, and affiliates entities , and all of the aforementioned officers, directors, representatives, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (the “Indemnified Parties”), from any claims, demands, actions, losses, damages, charges, liabilities, fines, penalties, costs and expenses (including reasonable attorneys’ fees and costs), which may at any time be asserted by any third party against any or all of the Indemnified Parties as a result of, arising out of, or related to your breach of these Terms of Service or any documents or terms they incorporate by reference, your breach of any warranty or representation made in these Terms of Service, or your violation of any law or the rights of a third-party.

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.

Termination

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 the Site or Services, and you cease doing so. 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).

Entire Agreement

Our failure 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 the Site or in respect to the Service constitutes 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.

Governing Law/Arbitration

These Terms of Service and the relationship between you and us will be governed by the laws of Colorado, without giving effect to principles of conflict of laws of any jurisdiction. Any and all disputes arising out of or related to these Terms of Service, whether in contract, tort, or otherwise, shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator (to be mutually agreed to by yourself and Books Are Fun, Inc.), and administered by the American Arbitration Association (“AAA”), with such arbitration held in Denver, Colorado. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party in any such arbitration action shall be entitled to an award of its attorney fees and costs incurred therein, including, but not limited to, fee and charges of the arbitrator and the AAA. You agree to arbitrate any and all disputes and claims arising out of or related to these Terms of Service. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms of Service.

Class Action Waiver

Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS ARISING OUT OF THESE TERMS OF SERVICE IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING. Further, unless you and Books Are Fun, Inc., agree otherwise, the arbitrator appointed pursuant to Section 17 may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

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 the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Contact Information

All questions about the Terms of Service can be submitted to bookblastsupport@booksarefun.com