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Bestsellers-Monthly-Book-Connection
Terms of Service
- Please read this agreement in its entirety.
All clients of our service will be bound by this agreement. This Service
Agreement (the "Agreement") governs the terms of the use by the
Client of services offered at Bestsellers-Monthly-Book-Connection, a service by
DataTrend Software, Inc. The Client agrees to receive access to the services
according to the following terms and conditions:
Terms of service for monthly book gifts
Terms of service for gift packs
- Monthly Book Gift Services Rendered:
•
Our monthly book service is a gift ordering service that picks the gift for you. Gifts are shipped to the recipient once per month for the duration that the
client orders.
•
A postal mail notice will be sent to the recipient 2-3 days before the first
book is sent notifying the recipient of the gift, who it is from, the
duration, and type of gift, along with any personalized message that the
client wishes to send.
•
Books are chosen from the most recent selections available in the
category of the client's choice at the time of shipment.
•
The recipient will not receive the same book twice. If this occurs by
error, the recipient will be entitled to a new book only if the duplicate is
returned for full credit to the shipping company.
•
Effort is made to not send a duplicate author to any recipient so as to
provide the best possible diversity in the gift, although this is not
guaranteed.
•
Books sent to the recipient will be new, and not used.
• No guarantee is given that a
specific book in a category will be
shipped. The recipient will receive selections similar to those shown, but
not necessarily those that are shown, depending on availability and cost.
Gift Pack Services Rendered:
•
Our gift pack service is a single shipment gift package sent to a gift recipient. Items sent are specifically chosen by the gift giver and paid for at the time of the gift order.
•
A customized gift message will be included on the packing slip of each gift pack order. All shipping charges for the shipment are included in the sales price.
•
The gift pack selected by the gift giver is guaranteed to be shipped. Should the item go out of stock, the gift giver can either choose another similar item or cancel the order for a full refund.
•
Returns of gift pack shipments may be subject to a restocking fee of up to 10% and credits for returns are only given if the items is returned within 30 days and is in brand new condition.
Shipment of Books:
Books that are returned to the book seller for any reason other
than a duplicate book title are not eligible for refund to the client.
Damaged books or other items relating to the shipment of the books must be
handled through the shipper and are not the responsibility of
Bestsellers-Monthly-Book-Connection. Restock fees may apply to gift pack (single book) order returns.
- Payment for Services:
The payment of
services is due at the time of order. Books are guaranteed to be shipped
during the schedule subscribed to by the client. If at any time
Bestsellers-Monthly-Book-Connection
are unable to fulfill the shipment schedule, the remaining funds will be
returned to the client on a pro-rata basis.
- Credit card billing is made on the client's credit
card under the name Bestsellers Books.
Compliance with Law: The Client will use the services offered by
Bestsellers-Monthly-Book-Connection
in a manner consistent with all applicable Client's local and state laws,
federal laws and international law. This agreement and all services are
bound by the laws of North Carolina, where Bestsellers Monthly Book Connection is based.
DISCLAIMER OF WARRANTIES: BESTSELLERS-MONTHLY-BOOK-CONNECTION' SERVICE IS
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
BESTSELLERS-MONTHLY-BOOK-CONNECTION
SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL
THEORY SHALL BESTSELLERS-MONTHLY-BOOK-CONNECTION BE LIABLE TO THE CLIENT FOR ANY
BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE
PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR
INABILITY TO USE, ANY OF BESTSELLERS-MONTHLY-BOOK-CONNECTION SERVICES, EVEN IF
BESTSELLERS-MONTHLY-BOOK-CONNECTION
HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR
DAMAGE. IF BESTSELLERS-MONTHLY-BOOK-CONNECTION SERVICE TO CLIENT IS DISRUPTED OR
MALFUNCTIONS FOR ANY REASON, BESTSELLERS-MONTHLY-BOOK-CONNECTION SHALL NOT BE
RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE
FEES PAID BY CLIENT TO BESTSELLERS-MONTHLY-BOOK-CONNECTION FOR SERVICES, DURING
THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability: Bestsellers-Monthly-Book-Connection is
not liable for protection or privacy of electronic mail or other information
transferred through the Internet or any other network provider or its
customers may utilize. Bestsellers-Monthly-Book-Connection does not represent or
warrant to the Client that Client will receive continual and uninterrupted
service during the term of this Agreement. In no event shall
Bestsellers-Monthly-Book-Connection
be liable to the Client for any damages resulting from or related to any
failure or delay of Bestsellers-Monthly-Book-Connection to provide service under
this Agreement if such delays or failures are due to strikes, riots, fire,
inclement weather, acts of God, theft or vandalism or other causes beyond
Bestsellers-Monthly-Book-Connection'
control, as defined by standard practices in the industry. Such failure or
delay shall not constitute a default under this Agreement.
Indemnity: The Client agrees to defend, indemnify and hold
Bestsellers-Monthly-Book-Connection
harmless from and against any and all claims, losses, liabilities and
expenses (including attorneys' fees) related to or arising out of the
services provided by Bestsellers-Monthly-Book-Connection to the Client under this
Agreement, including without any limitation of the claims made by the third
parties (including the customers of the Client) related to any false
advertising claims, liability claims for products or services sold by the
Client, claims for patent, copyright or trademark infringement, claims due
to disruption or malfunction of services provided hereunder, or for any
content submitted by the Client for publication by Bestsellers-Monthly-Book-Connection,
but excluding those related to the negligence of Bestsellers-Monthly-Book-Connection.
Relationship of the Parties: The parties intend that an independent
contractor relationship will be created by this contract, and that no
partnership, joint venture or employee/employer relationship is intended.
Terms and validity of the Agreement: This Agreement is valid until it
is terminated. The Client or Bestsellers-Monthly-Book-Connection may terminate the
Agreement at any time without any cause having warned the adverse party
before three days by E-mail.
Bestsellers-Monthly-Book-Connection can change the terms of the Agreement at any
time having warned the Client before one month by E-mail. If the Client does
not agree with the changes the validity of the Agreement is over and service
may be terminated.
Bestsellers-Monthly-Book-Connection can pass their rights and obligations to third
parties having warned the Client by E-mail before 10 (ten) days.
Taxes: If any federal, state or local governmental entity with taxing
authority over the services provided under this Agreement imposes a tax
directly on the services provided by Bestsellers-Monthly-Book-Connection to the
Client under this Agreement (excluding any income, business and occupation,
capital gain, death or inheritance, or other indirect taxes), then
Bestsellers-Monthly-Book-Connection
may pass the direct amount of such cost on to the Client, and the Client
shall promptly pay such cost.
Waiver: Any party's failure to insist on compliance or enforcement of
any provision of this Agreement shall not affect its validity or
enforceability or constitute a waiver of future enforcement of that
provision or of any other provision of this Agreement.
Software and Services: Bestsellers-Monthly-Book-Connection maintains
control and any ownership of any and all software programs and services that
may be assigned to Client and reserves in its sole discretion the right to
change or remove any and all software and services.
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