These Terms of Service comprise a legal agreement between You and Unbound Words LLC and governs Your use of unboundwords.com. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Unboundwords.com is made up of a Web site and Web pages operated by Unbound Words LLC and of various services which are provided by Unbound Words LLC. The Web site, Web pages, and services will be collectively referred to in this Agreement as “unboundwords.com". "You" means You, Your company, Your employees, and anyone who has access to use Your unboundwords.com account. You must be at least eighteen (18) years of age to subscribe to and use unboundwords.com.
The general provisions these Terms of Service apply to unboundwords.com and to all of the products and services provided through unboundwords.com. Any additional provisions that apply to the particular unboundwords.com product(s) or service(s) described may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.
Unboundwords.com is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout Unboundwords.com and abide by them if You choose to use the site, or accept the services or benefits, to which such terms apply. Unbound Words LLC reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use Unboundwords.com after any such changes, Your continued use will constitute Your consent to such changes. Unbound Words LLC does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.
Any rights not expressly granted herein are reserved by Unbound Words LLC.
YOUR WARRANTIES
By using any service offered on Unboundwords.com, You make the following representations and warranties. Unbound Words LLC shall have the right to terminate Your Unboundwords.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
You and all users of Unboundwords.com approved by You are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Unboundwords.com service, including, where applicable, the buying, selling and listing of books, in accordance with these Terms of Service and any Additional Terms and (d) if You are acting in a corporate capacity, to bind Your company; You will not use Unboundwords.com for any purpose that is unlawful or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process; Any books advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that You have all licenses necessary to sell or advertise the books offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site. By using Unboundwords.com, You agree that You will defend and indemnify Unbound Words LLC from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF Unboundwords.com
Unboundwords.com is provided to assist You with the operation of Your business. Your right to use Unboundwords.com is limited to You, and Your employees. You are solely responsible for Your content and Your Web site and Unboundwords.com account. Unbound Words reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor Your compliance with these Terms of Service and the Additional Terms. Unbound Words LLC reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, services or benefits obtained from Unboundwords.com, except as expressly provided herein. You may not interfere with or disrupt Unboundwords.com or servers or any network connected to Unboundwords.com.
The information provided by Unbound Words LLC to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Unbound Words LLC with any third party.
FEES
You are solely responsible for all taxes and assessments arising out of any use of Unboundwords.com account by You or anyone else using Your account. Unbound Words LLC reserves the right to modify the fees charged for Unboundwords.com services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Unbound Words LLC notifies You via email or otherwise of such modified fees.
If You notify Unbound Words in writing that You are canceling Unboundwords.com service, no further fees will be charged to Your PayPal account. It is Your responsibility to notify Unboundwords.com if Your PayPal account has changed to make appropriate changes or Your service may be disconnected or interrupted. Individual PayPal transaction fees (if any) shall be paid by the buyer.
In the event that Unbound Words terminates Your Unboundwords.com account for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
CANCELLATION POLICY
You may cancel your subscription to unboundwords.com at any time, with or without notice. You acknowledge that if You cancel Your subscription to the Unboundwords.com service that You may not be entitled to a refund of all or part of amounts already paid by You for such Unboundwords.com subscription. You agree that (a) Unboundwords.com’s cancellation policy may be changed from time to time by Unboundwords.com in its sole discretion and (b) the cancellation policy posted at the time You cancel Your subscription shall govern the amount of the refund (if any) due to You.
CHANGES TO SERVICES, TERMINATION BY Unboundwords.com
Unbound Words LLC may change any of the Unboundwords.com services at any time and from time to time without notice, including terminating the offering of the Unboundwords.com service altogether.
You may be barred from accessing Your Unboundwords.com account or from using Unboundwords.com or from receiving any products, services or benefits from Unboundwords.com, if Unbound Words LLC determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Unbound Words LLC receives a court order or other legal action relating to Your account.
LINKS TO THIRD PARTY SITES
Links within Unboundwords.com may let You leave Unboundwords.com. You acknowledge that the linked sites are not under the control of Unbound Words LLC and that Unbound Words LLC is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or any Web casting or other form of transmission received from any linked site. Unbound Words LLC is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Unbound Words LLC of the linked site or any association with their operators.
LICENSE YOU GRANT TO Unboundwords.com
Unbound Words LLC does not claim ownership of the materials You provide to Unbound Words LLC (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Unboundwords.com or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of Unboundwords.com (collectively "Submissions"). By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through Unboundwords.com, You represent and warrant that You own or otherwise control the rights necessary to do so, and You will defend and indemnify Unbound Words LLC and from any third party claim related to a breach of any of the foregoing representations or warranties. You grant Unbound Words LLC permission to use screen shots of any Web page that contains a link to Unboundwords.com or Unboundwords.com HTML code in Unboundwords.com promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through Unboundwords.com may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via Unboundwords.com should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation. Your access to and use of Unboundwords.com, and services of Unboundwords.com, is at Your own risk. Unbound Words LLC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of Unboundwords.com or such services.
Without limiting the foregoing, Unbound Words LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Unboundwords.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Unbound Words LLC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Unbound Words LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Unboundwords.com OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE Unboundwords.com OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Unboundwords.com; OR OTHERWISE ARISING OUT OF THE USE OF Unboundwords.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Unbound Words LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Unboundwords.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Unboundwords.com AND ITS RELATED SERVICES.
Without limiting the foregoing, Unbound Words LLC is not responsible for any of Your data residing on Unbound Words LLC and Unboundwords.com hardware or systems, including such hardware or systems provided to Unbound Words LLC by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Unbound Words LLC or Unboundwords.com hardware or systems, including such hardware or systems provided to Unbound Words LLC by third parties, whether or not such information is produced through the use of Unbound Words LLC including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of Unboundwords.com. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Unbound Words LLC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of Unboundwords.com, or its services; (b) Your customers' use of Your Web site; (c) use of Unboundwords.com by any other party to whom You have given access to Your company information for use of Unboundwords.com; (d) errors, bugs or other defects in Unboundwords.com; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, paypal account information etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Unboundwords.com Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the records, programs or services of Unbound Words LLC. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of Unboundwords.com.
Unbound Words LLC is not liable for Your actions with Your customers, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Unboundwords.com information, through the use of Unboundwords.com.
Unbound Words LLC is not involved in any transaction between You and Your buyer or seller or other third parties with whom You may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through Unboundwords.com. Unbound Words LLC is not responsible for screening, censoring or otherwise controlling Your Web Site or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that makes a purchase from or undertakes any other transaction with You via Your Web site. Unbound Words LLC is not acting as Your or any third party's agent in connection with the operation of Unboundwords.com. You are solely responsible for determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Refunds (if any) shall be handled via PayPal. You can review PayPal’s refund policy at: https://www.paypal.com/us/webapps/helpcenter/helphub/article/?solutionId=FAQ780&topicID=PAYING&m=TCI
Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site using the unboundwords.com service will be paid to You via PayPal. Unbound Words LLC is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payers. Unbound Words LLC makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using unboundwords.com.
INDEMNITY
You agree to defend, indemnify and hold Unbound Words LLC harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms) or any third-party's rights (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Unbound Words LLC or Your use of unboundwords.com.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Unbound Words LLC reserves the right to deny in its sole discretion any user access to unboundwords.com or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or unboundwords.com resulting from any third party using a password or user name issued to You. You agree to notify Unbound Words LLC immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of unboundwords.com known to or suspected by You. You may change Your password at any time by following instructions on the unboundwords.com Web site.
You hereby authorize Unbound Words LLC to rely on any data, notice, instruction or request furnished by You to Unbound Words LLC, or that Unbound Words LLC reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Unbound Words LLC is not responsible for fraud of participants or of other users of Your account.
YOUR CUSTOMER DATA
Unboundwords.com shall not share or sell any of Your information.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between You and Unbound Words LLC as a result of these Terms or Service or use of unboundwords.com.
Performance of this agreement by Unbound Words LLC is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of the right of Unbound Words LLC to comply with governmental, court and law enforcement requests or requirements relating to Your use of unboundwords.com or information provided to or gathered by Unbound Words LLC with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Unbound Words LLC with respect to unboundwords.com and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Unbound Words LLC with respect to unboundwords.com.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Unbound Words LLC is not obligated to monitor the content on unboundwords.com. Unbound Words LLC reserves the right to disclose any information, content or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with the Privacy Statement of Unbound Words LLC. Unbound Words LLC reserves the right to edit, to refuse to post, or to remove any information, content or materials, in whole or in part, from the unboundwords.com Web sites, at the sole discretion of Unbound Words LLC, without notice at any time.
Any rights not expressly granted herein are reserved by Unbound Words LLC, including all legal and equitable remedies available to Unbound Words LLC or violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of unboundwords.com are: Copyright ©2012 Unbound Words LLC, All rights reserved.
TRADEMARKS
unboundwords.com is either a trademark or registered trademark of Unbound Words LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved by Unbound Words LLC.
GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of the State of Washington. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the unboundwords.com services or unboundwords.com.
