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Terms of Use
These Terms of Use govern your use of the America's BookShelf LLC service and website. By using, visiting, or browsing the America's BookShelf LLC website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the America's BookShelf LLC service or website. These Terms of Use are an ongoing contract between you and America's BookShelf LLC and apply to your service use of the Americasbookshelf.com website. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
America's BookShelf LLC, reserves the right, from time to time, with or
without notice to you, to change these Terms of Use in our sole and absolute
discretion. The most current version of these Terms of Use can be reviewed
by clicking on the "Terms of Use" located at the bottom of the
pages of the Americasbookshelf.com website. The most current version of
the Terms of Use will supersede all previous versions. Your use of the
Americasbookshelf.com website or continued use of our service after changes
are made means, that you agree to be bound by such changes.
Privacy
Any information submitted on the Americasbookshelf.com website is subject
to our Privacy Policy, the terms of which are incorporated herein. Please
review our Privacy Policy to understand our practices. The date of any
changes to our Privacy Policy will be noted at the bottom of our Privacy
Policy.
Below is a description concerning the operation of our service and we
reserve the right in our sole and absolute discretion to make changes
from time to time and without notice in how we operate our service.
Our Service
Americasbookshelf.com is an online subscription book exchange service
providing its members with access to a comprehensive variety of books,
in the future we hope to offer audio books, and other video entertainment.
We have one membership plan with variable book credit purchases, no due
dates, late fees or shipping charges. Under all plans subscribers select
titles at our website, receive them by U.S. mail and forward them using
prepaid mailers provided by us. After a title is checked back in, we mail
your next requested title.
Ordering Books Most of our subscribers exchange between three to ten books per month. The number of books that a member exchanges will vary based on a several factors including the amount of books they have shared. For every ten books that are shared two additional books may be checked out. Maximum number of books checked out, not to exceed ten at a time.
Delivery Time
America’s BookShelf LLC utilizes a nationwide network of club subscribers
to send and receive books via the U.S. Postal Service (media-rate). Based
on performance data from the U.S. Postal Service and our own analysis,
we have determined the large majority of our subscribers are able to receive
their books in about ten business days following the shipment of the requested
book. The delivery times encountered will vary based on a number of factors.
See "Delivery and Forwarding of Borrowed Books" below.
No Late Fees or Due Dates Provided you continue to be a paying subscriber of our service, you may keep the books delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You may be charged for books that you lose or damage. However, as an additional member benefit, we will replace the occasional lost or damaged book free of charge. In the rare event that the number of lost books on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your Payment Method for the estimated cost of the lost or damaged book(s). You will be required to return all books within 7 days following any cancellation of the service or be subject to a charge for unreturned books. We will alert you of any potential charges prior to charging your Payment Method.
Delivery and Forwarding of Borrowed Books We reserve the right to allocate and ship books to members in any manner that we,in our sole and absolute discretion, determine. Other factors that may affect delivery times, include, but are not limited to, (A) the distance between a member from which a book is shipped and the delivery address, (B) member is not at home (on vacation) when prepaid forwarding envelope arrives (C) circumstances impacting delivery by the U.S. Postal Service. We do not process deliveries on, Sundays or Holidays. Members will be sent an e-mail informing them when an available book in their possession is requested, and that they will be receiving a self addressed, pre-stamped bubble envelope, so they can easily forward requested the book .
Membership Details
Specific details regarding your subscription with America's BookShelf
LLC can be viewed at anytime by clicking on the "My Account"
link, located at the top of Americasbookshelf.com website pages.
Billing By using the America's BookShelf LLC service, you are expressly agreeing that we are permitted to bill you an annual membership subscription fee, and any other charges you may incur in connection with your use of the America's BookShelf LLC service. Additional charges may include gift subscription purchases you make, lost or damaged books, books not sent upon receiving prepaid envelope (2 book credits removed for each book not sent), or books you fail to return at membership termination. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of your membership and on each annual renewal thereafter unless and until you cancel your membership. Click on the "My Account" link to see the commencement date for your next renewal period. We will automatically bill your Payment Method annually on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on November 31st, your Payment Method would next be billed on November 31st the following year. All fees and charges are final. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Account" link, available at the top of Americasbookshelf.com website pages. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method.
Automatic Renewals Your America's BookShelf LLC subscription will be automatically renewed on an annual basis. For your convenience, we will bill the annual subscription fee to the Payment Method you provide to us during registration (or a different Payment Method, if you change your account information). Your membership will automatically renew for successive annual subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews annually in order to avoid billing of the next years subscription fees to your Payment Method.
Cancellation You may cancel your subscription to America's BookShelf at anytime, and cancellation will be effective immediately. To cancel please notify by e-mail. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-ANNUAL SUBSCRIPTION PERIODS OR UNUSED BOOK CREDITS. Upon cancellation, you will be given SEVEN (7) days to return any books. Failure to return such books will result in your Payment Method being billed for such items. We reserve the right to terminate your account for any or no reason.
Account Access Identity Protection In order to provide you with ease of access to your account, America's BookShelf LLC will place a cookie (a small text file) on any computer from which you access the Americasbookshelf.com website. When you revisit the Americasbookshelf.com website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the Americasbookshelf.com website. If you find that you're a victim of identity theft and it involves a America's BookShelf LLC account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. America's BookShelf LLC reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. America's BookShelf LLC is not obligated to credit or discount a membership for holds placed on the account by either a representative of America's BookShelf LLC or by the automated processes of America's BookShelf LLC.
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Disclaimers of Warranties and Limitations on Liability
The America's BookShelf LLC service and website, and its contents are
provided "as is" and with no representations or warranties of
any kind with respect to the Americasbookshelf.com website, its contents
or our service. We assume no liability or responsibility for any errors
or omissions in the content of the Americasbookshelf.com website, any
failures, delays, or interruptions in the shipment of books, delivery
of any content contained on the Americasbookshelf.com website, any losses
or damages arising from the use of the content provided on the Americasbookshelf.com
website, or any conduct by users of the Americasbookshelf.com website.
We reserve the right to ship books in our sole and absolute discretion.
We disclaim all representations and warranties, including, for example,
warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, we do not represent or warrant that the information accessible
via our site is accurate, complete or current. In no event shall America's
BookShelf LLC, its shareholders, directors, officers, or employees be
liable (jointly or severally) to you for any special, incidental, indirect
or consequential damages of any kind, or any damages what so ever resulting
from loss of use, data or profits, whether or not advised of the possibility
of damage, and on any theory of liability, arising out of or in connection
with the use or performance of the Americasbookshelf.com website, its
contents or our service. If any applicable authority holds any portion
of this section to be unenforceable, then liability will be limited to
the fullest possible extent permitted by applicable law.
Intellectual Property Copyright
All content included on the Americasbookshelf.com website and delivered
to it's subscribing members as part of the service, including books, text,
graphics, logos, designs, photographs, button icons, images, audio/video
clips, digital downloads, data compilations, and software, is the property
of America's BookShelf LLC, or its suppliers and is protected by United
States and international copyright laws. The compilation of all content
on this site is the exclusive property of America's BookShelf LLC, and
protected by U.S. and international copyright laws. Content should not
be reproduced or used without express written permission from America's
BookShelf LLC, or its suppliers. America's BookShelf LLC reserves the
right to terminate your subscription membership hereunder if America's
BookShelf LLC, in its sole and absolute discretion, believes that you
are in violation of this paragraph, such violations including the copying
of books borrowed by you from us or the copying or other unauthorized
use of our proprietary content. Please see the instructions at the end
of these Terms of Use for notifying us of the presence of any allegedly
infringing content on the Americasbookshelf.com website.
Trademarks
America's BookShelf is a registered trademark of America's BookShelf LLC
- Americasbookshelf.com, marks indicated on our site are trademarks of
America's BookShelf LLC. All Americasbookshelf.com graphics, logos, page
headers, button icons, scripts and service names are trademarks or trade
dress of America's BookShelf LLC. America's BookShelf LLC’s trademarks
and trade dress may not be used in connection with any product or service
that is not America's BookShelf LLC's, in any manner that is likely to
cause confusion among customers, in any manner that dilutes America's
BookShelf LLC's rights, or in any manner that disparages or discredits
America's BookShelf LLC. All other trademarks not owned by America's BookShelf
LLC that appear on the Americasbookshelf.com website are the property
of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by America's BookShelf LLC. Any images of persons or
personalities contained on the Americasbookshelf.com website shall not
be an indication of endorsement of any particular product or our service
unless we make otherwise specifically indicated.
Website Content and Entertainment
We distribute books. In addition, the Americasbookshelf.com website allows
you and other third parties to post comments or reviews concerning the
media distributed by America’s BookShelf LLC. Any opinions, services,
advice, statements, offers, or other information that constitutes part
of the content expressed or made available by third parties on the Americasbookshelf.com
website are those of the respective authors or publishers and not of America's
BookShelf LLC, or its employees shareholders, directors or officers. Under
no circumstances shall America's BookShelf LLC, or its officers, directors,
or employees be held liable for any loss or damage caused by your reliance
on information obtained through the Americasbookshelf.com website. It
is your responsibility to evaluate the information, advice, opinion, and
all content available through the Americasbookshelf.com website.
Use of Information Submitted
America's BookShelf LLC, is free to use all comments, reviews, information,
ideas, concepts, communication you may send to America's BookShelf LLC,
including, without limitation, responses to our questionnaires or through
other postings to the Americasbookshelf.com website without further compensation,
acknowledgment or payment to you for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products and
creating, modifying or improving the Americasbookshelf.com website or
other websites. Furthermore, by posting any information on our site, submitting
suggestions, or in responding to questionnaires, you grant us a nonexclusive,
royalty-free license to display, use, reproduce or modify that information.
Service Testing
America’s BookShelf LLC tests various aspects of our service, and
we reserve the right to include all members in these tests without notice.
Electronic Communications By using the Americasbookshelf.com website service, you consent to receive electronic communications from America's BookShelf LLC. These communications will include notices about your account (e.g. mailings and receiving e-mails, phone etc.) and information concerning or related to our service, such as newly acquired books and other media or other entertainment information or offerings. These communications are part of your relationship with America's BookShelf LLC and you are entitled to receive them as part of the America's BookShelf LLC subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the America's BookShelf LLC Website
By accessing the Americasbookshelf.com website, you agree not to upload, post, e-mail or otherwise send or transmit 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 associated with the Americasbookshelf.com website. You also agree not to interfere with the servers or networks connected to the Americasbookshelf.com website or to violate any of the procedures, policies or regulations of networks connected to the Americasbookshelf.com website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Americasbookshelf.com website, conduct yourself in a vulgar or offensive manner while using our service, or use the Americasbookshelf.com website for any unlawful purpose. America’s Bookshelf LLC and its members monitor the content of this site for decency and appropriateness. Offensive or pornographic material is strictly prohibited. America’s BookShelf LLC reserves all rights to deem material “offensive” or “pornographic” and remove such material from Americasbookshelf.com web site. Members who violate this rule will be permanently removed from America’s Bookshelf LLC. Proper authorities will be notified if any laws have been violated. The employees, partners and affiliates of America’s Bookshelf LLC are not responsible for the content of items sent from one member to another.
Limitations on Use
You must be 18 years of age or older to subscribe to the America's BookShelf
LLC service. While individuals under the age of 18 may utilize the service,
they may do so only with the involvement of a parent or legal guardian.
While America's BookShelf LLC does distribute products that may be read
by children, we do not intentionally seek to collect information from
individuals 13 years of age and younger . Unless otherwise specified,
the content on the Americasbookshelf.com website is for your personal
and non-commercial use and we grant you a limited license to access the
Americasbookshelf.com website for that purpose. You may not download (other
than through page caching necessary for personal use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate, publish, license, create
derivative works from, or offer for sale any information contained on,
or obtained from, the Americasbookshelf.com website without our express
written consent. Any unauthorized use of the America’s BookShelf
LLC website or its contents will terminate the limited license granted
by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service,
without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks on the Americasbookshelf.com website may lead to
other websites that are not controlled by, or affiliated with, America's
BookShelf LLC. In addition, other websites may link to the Americasbookshelf.com
website. America's BookShelf LLC has not reviewed these websites and is
not responsible for the content or privacy policies of these websites.
Gift Subscriptions
America’s BookShelf LLC’s Gift subscriptions are one-time transferable subscriptions, and must be redeemed within one (1) year after date of purchase.
Gift Book Credits that are purchased with America’s BookShelf LLC are a one time transferable purchase. Gift Book Credits never expire on active accounts in good standing.
Activation of Gift Subscriptions that are not redeemed by Recipient within one (1) year after date of purchase will, begin without further notice, on the day following the anniversary date of the purchase for the account of the Purchaser. Upon activation, America’s BookShelf LLC will notify Purchaser at the e-mail address associated with the Purchaser's registration on Americasbookshelf.com’s web site and/or the billing address information submitted with the Gift Subscription purchase with details on how to redeem the active subscription for Purchaser’s own use. America’s BookShelf LLC is not responsible for fulfilling any Gift Subscription if not timely redeemed by the Recipient or if America’s BookShelf LLC is unable to reach the Purchaser. Purchaser must notify America’s BookShelf LLC of any contact information changes by updating Purchaser's personal information located at the "Your Account" link located on all pages of Americasbookshelf.com’s web site or by phone if not a current member.
Gift Purchases are good in the 50 United States and listed territories only.
Gift Purchases are not redeemable or refundable for cash.
Gift purchases cannot be combined with any other special or free offers.
America’s BookShelf LLC subscription is a annual subscription cancelable at anytime, cancellation will be effective immediately. Please notify us by e-mail. We do not provide refunds or credits for unused book credits or partial-annual yearly subscription periods.
America’s BookShelf LLC Recipients will need a valid payment method to redeem the membership, which is used to verify account information, to ensure identity, to provide security for the delivered books and to allow an easy renewal of annual membership at expiration of Gift Subscription period.
Gift Subscriptions and Gift Book Credits and their use are subject to the America’s BookShelf LLC general: Acceptance of Terms of Use
America’s BookShelf LLC reserves the right to change these Gift Subscription and Gift Book Credits Terms and the Terms of Use from time to time in its sole and absolute discretion.”.
Claims of Copyright Infringement
It is the policy of America's BookShelf LLC to respect the intellectual
property rights of others. If you believe that content on the Americasbookshelf.com
website constitutes a copyright infringement, please notify us of your
concern by submitting a written notice to us at the following address:
America's BookShelf LLC Attn. Deborah
1448 Downs Drive
Minden, NV 89423
Your notice must be signed and contain the following:
(A) A physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright interest;
(B) Identification of the copyrighted work claimed to have been infringed;
© Identification of the material on the Americasbookshelf.com website
that is claimed to be infringing, and information reasonably sufficient
to permit us to locate the material;
(D) Information reasonably sufficient to permit us to contact you, such
as your address, telephone number, and, if available, your e-mail address;
(E) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
(F) A statement that the above information is accurate, and under penalty
of perjury, that you are, or are authorized to act on behalf of, the owner
of the copyright that is allegedly infringed.
Our copyright phone # is (775) 267-6657 and the email address is copyright@Americasbookshelf.com
. Please note, however, that in order for your notice to us to be effective
under the Digital Millennium Copyright Act, your notice must be in writing
and contain the elements described above. We will not be able to respond
to any customer service or other issues through this email address. For
queries that are not related to copyright matters, please use info@Americasbookshelf.com
to contact us.
Disputes
You and America's BookShelf LLC agree that the United States District
Court for the Northern District of Nevada and/or the Nevada Superior Court
for the County of Carson City shall have exclusive jurisdiction over any
dispute between you and America's BookShelf LLC relating in any way to
the America's BookShelf LLC’s service or website or these Terms
of Use. You and America's BookShelf LLC expressly and irrevocably consent
to personal jurisdiction and venue in these courts.
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