Last modified: March [●], 2021
By accessing the Site and using the Services for any reason, you acknowledge that you have read, understand, and agree to abide by the Terms. For purposes of these Terms, “use of the Services” (or similar derivations) means accessing the Site for any purposes, including to use the Services, for training purposes, to evaluate the Services, or to set up or onboard the Services. If you do not understand or agree to these Terms, you do not have permission to access the Site and/or use the Services and you should immediately exit the Site. If you continue using the Services, you accept and agree to these Terms.
The Services contains content owned or licensed by AW Media (“AW Media Content”) and content provided by third party providers (such third-party content, the “Third Party Content” and such third-party providers, the “Third Party Content Providers”). For the purposes of these Terms, AW Media Content and Third Party Content are referred to collectively as “Content”).
These Terms are a binding agreement between you and Albert Whitman Media, LLC. Your use of the Services is governed by the version of the Terms in effect on the date you access the Site. AW Media may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting the Terms link on the Site.
Please note that you hereby agree that not all of the Services and Content are suitable for the general public. You agree not to use the Services in any way that is unlawful or not authorized by AW Media. The Content may only be used for the purposes intended by AW Media, consistent with the procedures and rules established by a Third Party Content Provider and AW Media.
AW Media reserves the right at all times to (or not to) delete, edit, amend, remove or post any information or materials on the Site in AW Media’s sole discretion. AW Media’s Services are purely facilitative and you agree that you will place no reliance upon the Services in any way.
You are responsible for both:
• making all arrangements necessary for you to have access to the Website; and
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
AW Media does not warrant or represent the completeness, accuracy, timeliness, or adequacy of any Third Party Content or other information on the Site and disclaims all liability for inaccuracies, errors or omissions of any kind. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. AW Media does not provide any warranty of any kind (whether statutory, express or implied), including but not limited to title, merchantability, fitness for purposes, non-infringement of third party rights and freedom from computer virus, with respect to the Third Party Content or any information on the Site. AW Media does not warrant that the Site will be free from error or that it is free from computer viruses or similar contamination. AW Media does not promise that the Site will be available at any particular period of time or at all. AW Media does not provide any warranties as to the availability or performance of the Site. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT
AW Media does not review any of the Third Party Content and takes no responsibility whatsoever for such Third Party Content, which is entirely a matter between you and the third party providing such Third Party Content. You agree that AW Media is acting purely as a conduit in this regard, providing information through the Site as a convenience, and that you do not expect AW Media to exercise any degree of editorial control or discretion over such Third Party Content. AW Media may discontinue making any Third Party Content available on the Site upon the request of the applicable Third Party Provider.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AW MEDIA WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSSES OR EXPENSES ARISING IN CONNECTION IN ANY WAY WITH THE USE OF THE SITE BY ANY PARTY, OR IN CONNECTION WITH ANY ERROR, OMISSION, INACCURACY, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, SYSTEM FAILURE OR COMPUTER VIRUS, EVEN IF AW MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY IN SOME STATES. IF, NOTWITHSTANDING THE ABOVE LIMITATION OF LIABILITY, AW MEDIA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF AW MEDIA, SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO AW MEDIA IN CONNECTION WITH THE SITE IN THE THEN MOST RECENT 12-MONTH PERIOD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY AGREE THAT AW MEDIA SHALL NOT BE LIABLE FOR ANY INVESTMENT LOSSES OR GAINS FROM INVESTMENTS INVOLVING THE USE OF THE SERVICES.
You agree and acknowledge that AW Media has offered its Services, set its prices, and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth in these Terms, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and AW Media, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and AW Media. AW Media would not be able to provide the Services to you on an economically reasonable basis without these limitations.
TO THE FULLEST EXTENT PROVIDED BY LAW, AW MEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
TIMING OF CLAIMS
YOUR USE OF THE SERVICES
You agree not to do anything that:
• restricts or inhibits any other user from using the Services;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, vulgar, offensive, pornographic, profane, indecent, or contains explicit or graphic descriptions or accounts of sexual acts;
• discriminates, victimizes, harasses, degrades, or intimidates an individual or group of individuals;
• attempts to gain unauthorized access to the Site, network, servers or other systems related to the Services;
• constitutes unauthorized or unsolicited advertising, junk or Spam e-mail, chain letters, pyramid schemes, any other form of unauthorized solicitation, any form of lottery or gambling or any information, software or other material of a commercial nature;
• contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• collects or stores personal data about other users;
• violates, plagiarizes or infringes the rights of third parties including, without limitation, copyrights, trademark, patent, rights of privacy or publicity or any other proprietary right;
• impersonates or attempts to impersonate AW Media, any AW Media employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• constitutes or contains false or misleading indications of origin or statements of fact;
• violates or encourages conduct that would violate any other applicable laws or regulation or give rise to civil liability;
• provides access to the Site or it’s materials to an unapproved user through sharing of username and password and or taking screenshots of the Site; or
• violates any agreements to which you are subject (including, without limitation, any confidentiality agreements) insider trading regulations, SEC regulations and all other applicable laws, rules and regulations.
NOTIFY AW MEDIA OF ACTS CONTRARY TO THIS AGREEMENT
If you believe that you are entitled or obligated to act contrary to these Terms under applicable law, you agree (if lawfully possible) to provide AW Media with a detailed explanation of your reasons in writing at least 30 days before you act contrary to these Terms.
You agree to make reasonable efforts to do, make, execute, deliver, or cause to be done, made executed, or delivered, all such further acts, documents and things as we may reasonably require from time to time for the purpose of giving effect to these Terms.
Digital communications through the Site might not be encrypted. You acknowledge and agree that there is a risk that information, including email and other digital communications, might be accessed by unauthorized third parties.
You hereby acknowledge and agree that all Content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws. Except as expressly authorized by AW Media, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from such materials or Content, or in any manner commercially exploit any Content or materials on/from the Site. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Site. If you violate any part of these Terms, your right to access the Site and use the Services shall automatically terminate and you shall immediately destroy any copies you have made of the Content (other than Third Party Content to which you have express legal rights), so far as permitted by law.
AW Media and the AW Media logo and any other logos or similar marks are trademarks and service marks of AW Media (the “AW Media Trademark”). All other trademarks, service marks, logos and audio sounds used in the Site are the trademarks, service marks or logos of their respective owners (the “Third Party Trademarks”, and, together with the AW Media Trademarks, the “Trademarks”). Nothing in this Site should be construed as granting (by estoppel, implication or otherwise) any license or right to use any Trademark displayed in the Site without the prior written consent of the applicable Trademark owner. The Trademarks may not be used to disparage AW Media or the applicable third party or their respective products or services, or in any manner that may damage any goodwill in the trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless AW Media approves such a link in writing.
By providing us with feedback, suggestions and/or comments about the Services and/or posting views, commentary or other information about the Services and its users (collectively, the “Feedback”), you acknowledge that you also give to us, without charge, a worldwide, perpetual, royalty-free, non-exclusive right and license to use, share and commercialize your Feedback in any way and for any purpose on the Site. You expressly acknowledge and agree that you will not give Feedback that is subject to a license that requires us to license its software or documentation to third parties because we include your Feedback in them. All Feedback you post to the Site will be considered non-confidential and non-proprietary.
You represent and warrant that:
• you own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors, and assigns; and
You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not AW Media, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Feedback posted by you or any other user of the Site.
MONITORING AND ENFORCEMENT; TERMINATION
AW Media has the right to:
• Remove or refuse to post any Feedback for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS AW MEDIA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
TERMS OF SALE
You acknowledge and agree that in connection with your use of the Services, you may have access to certain confidential and proprietary information regarding AW Media and various third parties (“Confidential Information”). Confidential Information shall include all information obtained by you in connection with your use of the Services, including, without limitation, all Third Party Content. Except as otherwise expressly permitted by the applicable third party in writing, you agree to hold all Confidential Information in strictest confidence and not to use or divulge any Confidential Information to any third party in violation of these Terms; provided that this provision shall not restrict user from sharing Confidential Information within their organizations so long as such Confidential Information remains subject to the limitations set forth in these Terms and both you and AW Media may disclose Confidential Information to the extent required by judicial order, law, rule or regulation, or as part of an inspection or a request by a governmental agency or sub-regulatory agency. You agree to notify AW Media immediately in the event that you determine or suspect that any Confidential Information has been compromised.
You agree to indemnify, defend and hold harmless AW Media and its affiliates and any of their officers, directors, advisors, shareholders, employees, consultants, agents, licensors, licensees and suppliers from and against any and all claims, liability, damages, costs and/or expenses, including but not limited to all attorneys’ fees and other litigation expenses, arising from your access to, use or misuse of the Services, and/or any breach by you of any covenant, representation or warranty contained herein.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, as applied to agreements entered into and completely performed in the State of Illinois, without regard to conflicts of laws or choice of law rules. You agree to submit to the sole and exclusive jurisdiction of, and venue in, the applicable federal courts or state courts governing the county in Illinois in which AW Media’s principal place of business is then located for all actions or proceedings related to these Terms, and you agree to waive any jurisdictional, venue or inconvenient forum objections to such courts.
These Terms will take effect from the first time you use the Site for any purposes, and you reaffirm your consent to these Terms each time you use the Site. AW Media reserves the right at any time and for any reason in its sole and absolute discretion to deny any user access to the Site or any portion of the Site and to terminate these Terms. Termination shall be effective without notice and shall preserve any claims for breaches of covenants, representations and warranties expressed in these Terms; shall preserve all obligations of confidentiality and in relation to intellectual property; and shall also preserve the section of these Terms entitled “Applicable law”.
• NOTIFICATION OF COPYRIGHT INFRINGEMENT:
If you are a copyright owner (or an agent of a copyright owner) and believe material posted on our Site infringes upon your copyright, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA””) by sending an e-mail to AW Media containing the following information:
• A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the Site.
• A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our Site.
• A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
• A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
• The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.
Your written Notification of Claimed Infringement must be sent to AW Media at the following email: [RELEVANT EMAIL ADDRESS]. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able to respond to your notice.
You should consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.
COUNTER NOTIFICATION OF COPYRIGHT INFRINGEMENT:
If you believe material was removed in error, you may send a Counter Notification to our Designated Copyright Agent at the following e-mail: [RELEVANT EMAIL ADDRESS].
To file a Counter Notification with us, you must send us an e-mail that sets forth the items specified below:
• Identify the specific file or URL of material that we have removed or to which we have disabled access.
• Provide your full name, address, telephone number, and e-mail address.
• Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who the provided notification of claimed infringement to which your notice relates or an agent of such person.
• Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Sign the notice. If you are providing notice by e-mail, an electronic signature or scanned physical signature will be accepted.
If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.
After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating that the original claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site.
We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be liable for damages if you make a false claim. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about material you posted online. We reserve the right to remove any content posted on our Site at any time at our sole discretion.
Without limiting the foregoing, the Services are not available where it is illegal to use, and AW Media reserves the right to refuse and/or cancel the provision of the Services to anyone at its own discretion. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.
LINKS FROM THE WEBSITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The failure of AW Media to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AW Media.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AW Media without restriction. Any assignment attempted in violation of these Terms shall be void.
Terms and Conditions OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ALBERT WHITMAN MEDIA, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.thebookclub.com (the “Site”). These Terms are subject to change by Albert Whitman Media, LLC (referred to as “AW Media”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept [LIST OF APPROVED CREDIT CARDS/OTHER PAYMENT METHOD] for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
If necessary, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds.
We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call [TELEPHONE NUMBER] or email our Returns Department at [EMAIL ADDRESS].
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer’s warranty (see Section 6) included with the product or as detailed in the product’s description on our Site.
Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by law and.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
Dispute Resolution and Binding Arbitration.
YOU AND AW MEDIA, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AW MEDIA, WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AW Media.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to [FAX NUMBER]; or (ii) by personal delivery, overnight courier, or registered or certified mail to: Albert Whitman Media, LLC, Attn: Notices, 250 S NW Hwy #320, Park Ridge, IL 60068. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.