IMPORTANT – PLEASE READ CAREFULLY
Terms & Conditions
The Terms & Conditions were last
updated on September 22, 2020. The previous version of the Terms &
Conditions can be found here: https://www.christianbook.com/page/info/terms-and-conditions/past-terms-and-conditions.
Welcome to this website which is owned and
operated by Christianbook, LLC (“Christianbook,” “we,” and “us”). These Terms
& Conditions (also referred to below as the “Agreement”) constitute an
agreement between you and Christianbook, and its affiliated and subsidiary
companies, which governs the use of this website and any web page which is a
part of this website, your registration with this website, and your purchase,
receipt, and/or licensing of any material, product or service through this
website or through telephone orders or mail orders through our catalogs or
otherwise.
THESE TERMS & CONDITIONS ARE AN
ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND
INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND DISCLAIMERS AND
LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE SET FORTH BELOW.
We recommend you print out a copy of these
Terms & Conditions for your records, and can download them here. Upon request by you or Christianbook,
we each agree to sign and provide to each other a signed copy of these Terms
& Conditions.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
As noted above, by using this website, purchasing, receiving, and/or licensing
any materials, products or services through this website, and/or registering
with this website, you agree to be bound fully by the provisions below, without
change, as are published at such time. You agree to use this website solely in
accordance and compliance with the terms of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS
OF THIS AGREEMENT, DO NOT USE THIS WEBSITE, VISIT ANY PAGE WHICH IS A PART OF
THIS WEBSITE, REGISTER WITH THIS WEBSITE, OR RECEIVE, PURCHASE OR LICENSE ANY
PRODUCT OR SERVICE THROUGH THIS WEBSITE.
2. MODIFICATIONS TO THIS AGREEMENT
These Terms & Conditions were last updated on Feb 24, 2020 and apply to all
uses, purchases, or registrations occurring on or after that date. We reserve
the right, in our sole discretion, to change these Terms & Conditions at
any time by posting a change notice or new agreement on this website, but such
changes shall not apply retroactively. The previous version of the Terms &
Conditions can be found here.
3. DISPUTES – THE REQUIREMENT TO ARBITRATE
At
Christianbook, we work hard to make things right with each and every customer.
On occasion, a third party may be necessary to help us resolve our disputes,
and this Agreement limits us to arbitration (or small claims court, if a claim
qualifies) in the following instances.
YOU AND CHRISTIANBOOK AGREE THAT ALL
DISPUTES AND CLAIMS BETWEEN US ARISING FROM OR RELATING IN ANY WAY WITH THE
PERFORMANCE OF THESE TERMS & CONDITIONS, YOUR USE OF THIS WEBSITE, ANY MATERIALS,
PRODUCTS OR SERVICES SOLD, PROVIDED OR LICENSED THROUGH THIS WEBSITE, OR THE
ACTIONS OF CHRISTIANBOOK OR ITS AGENTS THAT WE CANNOT RESOLVE INFORMALLY SHALL
BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL
CLAIMS COURT AS
PROVIDED BELOW.
YOU AND CHRISTIANBOOK FURTHER AGREE TO
WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS
ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED
WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS. IF FOR ANY REASON A CLAIM
PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CHRISTIANBOOK AGREE TO
WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement applies to all
agents, attorneys, contractors, subcontractors, service providers, employees,
and all others acting for, on behalf of, or under the direction of Christianbook,
including all affiliated companies (including, but not limited to, parents,
subsidiaries, and sibling corporations). This Agreement is binding on you and Christianbook,
as well as our respective heirs, successors, and assigns.
You and Christianbook agree that any claim
between us involves commerce under, and is governed exclusively by, the Federal
Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or
the laws of other countries, concerning or purporting to place limits on the
availability or scope of arbitration or in any way imposing requirements beyond
or inconsistent with those set forth in the FAA. This Agreement, however, does
not prevent you from bringing any issues to the attention of federal, state, or
local agencies.
Arbitration Scope,
Rules, and Requirements
There is no judge or jury in arbitration,
and discovery and court review of an arbitration award are limited. However, an
arbitrator under this Agreement can award on an individual basis the same
damages and relief as a court (including injunctive and declaratory relief or
statutory damages), and must follow these Terms & Conditions as a court
would.
The arbitration or small claims court action
shall occur in the United States in the county or parish in which you reside or
at such other location in the United States which may be agreed upon by you and
Christianbook. You may also choose to have any arbitration, whether commenced
by you or us, conducted by telephone or based on written submissions only.
The arbitrator has the authority to and
shall resolve all claims and issues arising between us, including, but not
limited to, international, federal, state, and local statutory, regulatory,
constitutional, and common law claims.
This arbitration requirement covers, but
is not limited to, any and all claims arising from or related in any way to
your use of this website, your registration with this website, your purchase of
or attempt to purchase products through this website, and your communications
with Christianbook.
The arbitrator also has the sole authority
to and shall address all claims or arguments concerning the formation,
legality, and enforceability of this arbitration clause, the scope of this
clause, and the arbitrability of any claim or issue arising between us.
Any arbitration will be held before a
single neutral arbitrator and will be governed by the Consumer Arbitration
Rules and the Consumer Due Process Protocol (collectively, "AAA
Rules") of the American Arbitration Association ("AAA") as
currently in effect, and as modified by this Agreement, and will be
administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the
AAA at 800-778-7879, or by writing to the Notice Address. To the extent that
there is a conflict between this clause and the AAA Rules, the arbitrator shall
resolve such conflicts so as to preserve the parties’ mutual obligation to
arbitrate claims on an individual basis.
To begin an arbitration proceeding, you
must send a letter requesting arbitration and describing your claim to the AAA
and to:
Attn:
Vice-President – Internet Marketing
P.O. Box 8000
140 Summit Street
Peabody, MA
01961-8000
The AAA’s address is: American Arbitration
Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. You may also send a copy to the AAA online at https://www.adr.org.
If you initiate an arbitration, Christianbook
will reimburse you for any standard filing fee which may be required under the
AAA Rules for claims under $10,000. For claims over $10,000, payment of such
fees will be by a separate agreement between you and Christianbook. If we
cannot agree on such payment, the arbitrator will decide how such fees should
be paid and by whom. Each party shall be responsible for their own attorneys’
fees except as provided by applicable law or the AAA Rules.
We are committed to providing for dispute
resolution at a reasonable cost to consumers consistent with the AAA Rules, and
any matters related to such cost, if not agreed to by you and Christianbook,
will be decided by the arbitrator.
4. PRIVACY AND SECURITY
Please read our Privacy Policy which is incorporated into these Terms
& Conditions and governs your use of this website. By visiting this website,
registering with this website, or purchasing or licensing products or services through
this website, you agree with and consent to our Privacy Policy,
including the information collection, analysis, and usage practices it
describes. To the extent there is a conflict between the Privacy Policy
and these Terms & Conditions, these Terms & Conditions will control to
the fullest extent permitted by law.
5. PRODUCT DESCRIPTIONS
We
work hard to be as accurate as possible. The materials, products and services provided
or offered for sale or license through the use of this website contain
descriptions that are provided by our suppliers, vendors, and licensors. We do
not warrant or represent that such descriptions are complete and accurate.
Errors will be corrected when discovered and we reserve the right to revoke any
stated offer and to correct any error, inaccuracy, or omission (including after
an order has been submitted by you or an order confirmation has been sent by
us). If a product offered by us is not as described, your sole remedy is to
return it to us in unused condition. We also reserve the right to limit the
order quantity on any item.
6. CHRISTIANBOOK GIFT CARDS TERMS &
CONDITIONS
The following are the terms and conditions
applicable to your Christianbook gift card. Christianbook gift cards are
issued by Christianbook, LLC. Your purchase, acceptance, and/or use of a
Christianbook gift card constitutes your acceptance of these terms and
conditions.
Christianbook gift cards cannot be used to
purchase gift cards and may only be used toward the purchase of eligible goods
provided by Christianbook and its affiliates. Eligible goods and services are
subject to change in our sole discretion. Gift cards are not redeemable for
cash and cannot be returned for a cash refund, except to the extent required by
law. Gift cards are not re-sellable. The risk of loss and title for gift cards
pass to the purchaser upon our electronic transmission or mailing of the gift
card to the purchaser or recipient. We are not responsible for pricing,
typographical, or other errors, related to gift cards and reserve the right to
cancel any orders resulting from such errors. If we suspect any fraud or
misuse in connection with a gift card, we reserve the right in our discretion
to suspend or terminate use of the gift card. We are not responsible for and
will not replace lost or stolen gift cards.
The use of the gift card is limited to the
balance of the funds held on the gift card. The full amount of each purchase,
including taxes, will be deducted from the funds held on the gift card, up to
the total balance of the funds available on the gift card. Any unused balance
will be maintained in the recipient’s gift card account and is not
transferable. If you make a purchase through your gift card and there are
insufficient funds held on the gift card to cover that purchase, you must pay
the difference by a valid credit card or debit card or through PayPal, if you
are a US customer. Your right to use the funds on the gift card is a limited
right, subject to these terms and conditions and applicable law.
Gift cards do not expire. No fees apply
to Gift Cards.
7. ADDITIONAL TERMS
Certain specific features, functions, and sections of this website and the receipt,
purchase and license of products and services through the use of this website
may be subject to additional posted terms including codes of conduct, governing
the use of such features, functions, and sections, and the purchase of such
products and services. These additional posted terms and conditions as exist at
the time of your use, registration, receipt, or purchase are expressly
incorporated in this Agreement. To the extent there is a conflict between
these additional posted terms and these Terms & Conditions, these Terms &
Conditions will control to the fullest extent permitted by law.
Our Payment Options are available here
Our Shipping Options are available here
Our Returns Policy is available here
Our Music Download Policy is available here
Information about our Affiliate Program is
available here
Our Frequently Asked Questions (FAQ)
feature is available here
8. PROPER USAGE
You agree to use this website, and to purchase and/or request materials,
products and services through the use of this website, only for your own
personal, noncommercial use unless you are in an express business relationship
with Christianbook. You agree not to use this website (a) in any unlawful
manner or in any manner that creates civil or criminal liability on the part of
Christianbook or is otherwise harmful to Christianbook; (b) in any manner that
could damage, disable, overburden, impair, impede, disrupt, or alter this website;
and (c) in any manner that would interfere, impair, impede, or disrupt the use
of this website by any third party. You agree not to
post on or transmit through this website or to submit to Christianbook for
inclusion, use or distribution on this website or for any other purposes any
material that is unlawful; libelous; constitutes an invasion of privacy;
harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually
explicit; profane; hateful; racially, ethnically, or otherwise objectionable in
any manner; constitutes a breach of your contractual and/or fiduciary
obligations; infringes on any third-party patent, trademark, trade name,
corporate name, trade secret, copyright or other proprietary or property
rights; or, contains viruses, Trojan horses, worms or other code, scripts,
routines, files or programs designed to alter, interrupt, impede, limit or
destroy the performance and/or functioning of any software, hardware, or other
equipment. Christianbook reserves the right in its sole discretion to
prohibit any conduct, communications, content, or use of this website, and to
remove any content or communications, which in its sole discretion it finds
objectionable or unacceptable in any manner.
9. INTELLECTUAL PROPERTY RIGHTS
A. Christianbook.com, the Christianbook.com logos, Christianbook, the
Christianbook logos, Christian Book Distributors, the Christian Book
Distributors logos, CBD, the open book logo, 1-800-CHRISTIAN, Pennywise
Learning, Pennywiselearning.com, iChristian.com, the iChristian logo, the
Christian Books Direct logo, AllBibles, Allbibles.com, the Allbibles.com logo,
The Homeschool Compass, Homeschoolcompass.com, The Homeschool Compass logo,
Wordkeeper, and the Wordkeeper Bible Cover logo are trademarks or registered
trademarks owned by Christianbook or its affiliated companies. Other
trademarks, registered trademarks, trade names, product names, corporate names,
graphics and logos used on this website are owned by their respective owners.
All rights in and to such trademarks, registered trademarks, trade names,
product names, corporate names, graphics and logos are reserved to their
respective owners. No license or permission is given to you to use such
trademarks, registered trademarks, trade names, product names, corporate names,
graphics or logos in any manner. B. The copyright in this website, the content
of this website, and software utilized in this website are owned by Christianbook
and its suppliers and licensors. All rights in and to such copyrights are
reserved to their respective owners. No license or permission is given to you
to use such copyrighted material in any manner. C. You may not remove, modify,
or alter in any manner any notice regarding copyright, trademark, proprietary
rights, warranty information, disclaimers, or warnings which are included in or
on this website or any service or product offered for use or sale through this website.
D. THE USE OF THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED
BY THIS WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE OR LICENSE THROUGH
THIS WEBSITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL
CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS
OF CHRISTIANBOOK AND ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL
AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
INFRINGEMENT.
10. CONTENT SUBMITTED BY YOU
You agree that all logos, graphics, artwork, text, and
other content submitted by you for inclusion, use or distribution on this website
or for any other purposes shall be in accordance with and in compliance with
the Proper Usage requirements contained in Section 8 of this Agreement. By
submitting such content to Christianbook, you warrant, represent, and agree
that (a) you have the authority to grant the rights to such content which are
being granted hereunder; (b) you own and/or control all rights in and to such
content; (c) such content does not contain any material that is unlawful;
libelous; constitutes an invasion of privacy; harmful; threatening; abusive;
harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful;
racially, ethnically, or otherwise objectionable in any manner; constitutes a
breach of your contractual and/or fiduciary obligations; infringes on any
third-party patent, trademark, trade name, corporate name, trade secret,
copyright or other proprietary or property rights; or, contains viruses, Trojan
horses, worms or other code, scripts, routines, files or programs designed to
alter, interrupt, impede, limit or destroy the performance and/or functioning
of any software, hardware, or other equipment; and (d) such content is in
compliance with the Proper Usage requirements contained in Section 8 of this
Agreement. You will be solely responsible and liable for any claims, costs, and
damages arising from any infringement of copyright, trademark, patent or other
proprietary rights and any other claims, costs, and damages arising from Christianbook’s
inclusion, use or distribution of all content submitted by you. Christianbook
neither assumes, has, or will have any responsibility or liability for any
claims, costs, and damages arising from any infringement of copyright,
trademark, patent or other proprietary rights or any other claims, costs, and
damages arising from Christianbook’s inclusion, use or distribution of all
content submitted by you. You hereby grant to Christianbook, and its
affiliated, subsidiary and related companies, a royalty-free, perpetual,
irrevocable, unlimited, worldwide right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute all such content submitted by you,
in whole or in part, and/or to incorporate such content in other works in any
form, media, or technology now known or hereafter developed for the full term
of any copyright that may exist in such content.
11. CLAIMS OF
INTELLECTUAL PROPERTY INFRINGEMENT
Christianbook recognizes and respects the importance of intellectual property
rights and endeavors to take all steps to protect the intellectual property
rights of others. If you believe that this website, the content of this website,
software utilized on this website, or any service or product available for use
or sale through this website constitutes an infringement of your copyright,
trademark, patent or other proprietary or contractual rights, please advise Christianbook
immediately by sending written notice specifying all elements of your claim of
infringement to:
Attn:
Vice-President – Internet Marketing
P.O. Box 8000
140 Summit Street
Peabody, MA
01961-8000
12. DISCLAIMER OF WARRANTIES AND CERTAIN
DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE CONTENT OF
THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, AND ALL MATERIALS, PRODUCTS
AND SERVICES OFFERED FOR SALE, DISTRIBUTION OR LICENSE THROUGH THIS WEBSITE ARE
PROVIDED ON AN "AS IS" BASIS AND CHRISTIANBOOK MAKES NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, THE CONTENT OF THIS WEBSITE,
THE SOFTWARE UTILIZED BY THIS WEBSITE, OR THE MATERIALS, PRODUCTS AND SERVICES
OFFERED FOR SALE, DISTRIBUTION OR LICENSE THROUGH THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, CHRISTIANBOOK ALSO DISCLAIMS ALL WARRANTIES, EXPRESSED OR
IMPLIED, AS TO THE USE OF THIS WEBSITE, REGISTRATION WITH THIS WEBSITE, AND THE
RECEIPT, PURCHASE OR LICENSING OF PRODUCTS AND SERVICES VIA THIS WEBSITE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, CHRISTIANBOOK MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY,
COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THIS
WEBSITE, OR IN THE CONTENT OF THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, CHRISTIANBOOK MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THIS
WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE IS FREE OF
VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR
PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE
AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, CHRISTIANBOOK SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY
OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY
OF ANY DATA OR STORED INFORMATION RELATING TO YOUR USE OF THIS WEBSITE, THE
SOFTWARE UTILIZED BY THIS WEBSITE, OR ANY MATERIAL, PRODUCT OR SERVICE RECEIVED,
PURCHASED OR LICENSED THROUGH THIS WEBSITE PROVIDED THAT THE FOREGOING LIMITATION
ON INCIDENTAL OR CONSEQUENTIAL DAMAGES DOES NOT APPLY TO INDIVIDUALS WHO BUY,
LEASE, BORROW OR BAIL PROPERTY OR SERVICES PRIMARILY FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, CHRISTIANBOOK’S LIABILITY FOR ANY ALLEGEDLY DEFECTIVE PRODUCT PURCHASED OR
LICENSED THROUGH THIS WEBSITE SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE
PRICE OR LICENSE FEE PAID.
CHRISTIANBOOK NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR CHRISTIANBOOK ANY OTHER LIABILITIES
OR OBLIGATIONS.
THESE LIMITATIONS APPLY TO RESIDENTS OF
THE STATE OF NEW JERSEY, AMONG OTHERS. SOME STATES DO NOT ALLOW FOR EXCLUSION
OR LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND OTHER LIMITATIONS ON DAMAGES AND SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE.
13. INDEMNIFICATION
YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD CHRISTIANBOOK HARMLESS FROM
AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES,
INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES,TO ANY THIRD PARTY ARISING
DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE, THE CONTENT OF THIS
WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, OR ANY MATERIAL, PRODUCT OR
SERVICE RECEIVED, PURCHASED OR LICENSED THROUGH THIS WEBSITE PROVIDED THAT THE
FOREGOING INDEMNIFICATION OBLIGATION DOES NOT APPLY TO INDIVIDUALS WHO BUY,
LEASE, BORROW OR BAIL PROPERTY OR SERVICES PRIMARILY FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD CHRISTIANBOOK
HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND
EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, ARISING FROM YOUR
BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT, OR ARISING FROM YOUR OWN
NEGLIGENT OR WRONGFUL CONDUCT.
14. APPLICABLE LAW, JURISDICTION AND VENUE
This website is created, controlled, owned and operated by Christianbook in the
Commonwealth of Massachusetts. Except with regard to arbitration and provisions
regarding dispute resolution (Paragraph 3, above), which are governed by the
Federal Arbitration Act, the laws of the Commonwealth of Massachusetts shall
govern and control the interpretation and enforcement of this Agreement.
If for any reason a claim or dispute
proceeds in court of general jurisdiction rather than in arbitration or small
claims court are required by Section 3, above, as the result of a decision of
an arbitrator or a court order by a court of competent jurisdiction, you and
Christianbook each hereby consent to the exclusive personal jurisdiction and
subject matter jurisdiction of any of the courts in the Commonwealth of
Massachusetts, whether federal or state, for any purpose or matter pertaining
directly or indirectly to these Terms & Conditions, arising from or in
connection with the performance of these Terms & Conditions, arising from
or in connection with your use of this website, arising from or in connection
with your receipt, purchase or licensing of services, materials and products
through this website, or arising from or in connection with the actions of
Christianbook or its agents and you and Christianbook each agree that any such
action or proceeding shall be commenced and maintained only in a court, whether
federal or state, in the Commonwealth of Massachusetts. This provision shall
not be construed as a waiver by either party of any provision of Section 3,
above, and the parties reaffirm their understanding that Section 3 limits
dispute resolution to individual arbitration and individual small claims court
pursuant to and in accordance with the requirements of Section 3.
15. THIRD-PARTY CONTENT, LINKS, PRODUCTS
AND SERVICES
You understand and acknowledge that this website and certain content available
via the use of this website may include materials from third parties, including
users, and that Christianbook may provide links to certain third-party web-
sites. You acknowledge and agree that Christianbook is not responsible for
examining or evaluating the content or accuracy of any such third-party
material or websites. Christianbook does not warrant or endorse and does not
assume and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or programs of
third parties. Links to other websites are provided solely as a convenience to
you. Certain products and services available for purchase and use through the
use of this website are subject to separate license, terms of use and other
agreements. You agree that your use or purchase of such products and services
shall be and is subject to the terms and conditions of such license, terms of
use or other agreement and that you shall comply with the terms and conditions
of such license, terms of use, or other agreement.
16. COMPLIANCE WITH U.S. EXPORT LAWS
You agree to comply with the provisions of all applicable U.S. customs and
other laws relating to the export and re-export of certain technology and other
information and materials and not to sell, export, distribute, or transfer in
any manner, electronically or otherwise, any products or materials received or purchased
through the use of this website or any content or other materials contained on
this website or employed by this website.
17. RISK OF LOSS
The risk of loss for and title to all products purchased by you through the use
of this website passes to you upon our delivery to the carrier.
18. ACCESS TO
DIGITAL PRODUCTS
Your
access to any digital product, including, without limitation, eBooks, audio
books, and digital music, through this website may be terminated at any time
without notice in Christianbook’s sole discretion. It is suggested that upon
your purchase of a digital product through this website you download such digital
product to your personal computer. The maximum number of downloads and
installations of certain digital products may be restricted to six devices or
fewer.
19. PRICING
A. The "Retail Price" listed for products and services offered for
sale through the use of this website represents the full retail price listed on
the product, the retail price suggested by Christianbook’s suppliers, vendors,
or licensors, or the retail price as estimated in accordance with standard
practice. Such "Retail Price" is a comparative estimate only and may
not represent the prevailing retail price in every geographical location at a particular
moment. B. The purchase price for products and services offered for sale
through the use of this website may increase or decrease between the time an
item is placed in your shopping cart and the time the purchase of such item is
actually made by completion of the check-out process. You will be responsible
for the payment of the purchase price in effect at the time the purchase of an
item is actually made by completion of the checkout process. C. The purchase
price for products and services offered for sale through the use of this website
may be incorrectly stated on the website. In the event the purchase price for
an item is incorrectly stated, Christianbook may, in its sole discretion, (i)
contact you for instructions before shipping the item and charging you for such
item; (ii) cancel the order and notify you of the cancellation; or (iii) ship
the item to you at the lower of the incorrectly stated price or the actual
purchase price. This Pricing Policy only applies to products and services sold
and shipped directly by Christianbook. Products and services sold by third
parties through the use of this website are subject to the pricing policies of
such third parties.
20. SALES TAX
INFORMATION
Goods and services sold by Christianbook that are shipped to locations in the
United States, and its territories, may be subject to sales tax. Goods and
services sold by Christianbook that are shipped to locations in Australia may
be subject to a goods and services tax. The list of states and U.S. territories
in which Christianbook collects sales taxes on goods and services sold by Christianbook
is available here. The amount of
sales tax collected on your order is calculated based on a variety of factors
including the category of the goods or services purchased; the date and time
the order is fulfilled; the location of the place of fulfillment; and, the
location of the shipment or delivery address contained on your order. Any of
these factors may change between the time an order is placed by you and the
time that shipment is complete which may result in a change in the amount of
tax calculated on your order.
When you confirm
your order during the “Check Out” process, Christianbook will provide you with
an “Estimated Tax.” The amount of the “Estimated Tax” may be recalculated at
the time your order is finalized and complete. The tax rate that will be
applied to your order shall be the combined state and local tax rates of the
location to which your order is delivered or from which your order is
fulfilled. No sales tax is collected on gift cards sold on the website provided
that purchases paid for with gift cards may be subject to sales tax.
21. AGE OF USER
If you are under the age of eighteen (18) years, you may use this website and receive,
purchase or license materials, products and services through the use of this website
only with the involvement and under the supervision of a parent or legal
guardian. This website is not designed or intended for persons under the age
of thirteen (13).
22. TERMINATION OF USAGE
Christianbook shall have the right at any time, with or without cause, and with
or without notice to you to (i) cancel any order; (ii) terminate or suspend
your right to use or access this website; or (iii) terminate or suspend your
right to receive or purchase any material, product or service through the use
of this website.
23. YOUR ACCOUNT
In order to purchase products or services through the use of this website, you
must either establish an account with Christianbook or purchase such products
or services as a guest. You are solely responsible for (i) maintaining the
security and confidentiality of your account and your account password; (ii)
restricting access to your computer and your account; and (iii) keeping your
email address listed on your account current. You are solely responsible and
liable for all activities, including, without limitation, all purchases of
products and services through the use of this website that occur under your
account or your account password. You acknowledge and agree that Christianbook
may access, preserve, and disclose your account information, all content
submitted by you, all communications to and from you, all information relating
to your use of this website, and all information relating to the use of this website
under your account or account password if Christianbook is required to do so by
law or legal process or if Christianbook determines, in its sole discretion,
that such action is necessary to protect the rights of Christianbook, third
parties, and other users of this website or for purposes of responding to your
request for customer service.
24. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from Christianbook either in
the form of email sent to you at the email address listed on your account or by
communications posted on this website. You acknowledge and agree that any
electronic communication in the form of such email or posting on this website
shall satisfy any legal requirement that such communication be in writing.
25. NOTICES
All notices to you will be sent by email to the email address listed on your
account or by first class mail, postage prepaid, to you at the mailing address
listed on your account. All notices to Christianbook shall be sent by email to
customer.service@christianbook.com or by first class mail, postage prepaid, to:
Christianbook, LLC
Attn:
Vice-President – Internet Marketing
P.O. Box 8000
140 Summit Street
Peabody, MA
01961-8000
26. RIGHT TO CONSULT AN ATTORNEY
You understand that you have the absolute right to consult an attorney
concerning any aspect of this Agreement, and that, by acknowledging your
acceptance of these Terms & Conditions, you represent to Christianbook that
you understand the requirements of this Agreement and agree to be bound by
them.
27. MISCELLANEOUS PROVISIONS
All terms, covenants, and conditions contained herein are severable and in the
event any of them shall be held to be invalid, this Agreement shall be
interpreted as if such invalid term, covenant, or condition were not contained
herein. Headings used in this Agreement are for convenience only and shall not
affect the interpretation or construction of this Agreement. Any failure by Christianbook
to enforce any provision of this Agreement shall not constitute a waiver of
such provision or prejudice the right of Christianbook to enforce the provision
at any subsequent time. All orders are subject to acceptance at our
headquarters in Massachusetts.