Terms & Conditions Example

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To assist with the necessary policies that stores need on their website, boilerplate policies have been provided for stores to use.  The policy can be created as a Page on your IndieCommerce or IndieLite site.  The Page can then be linked in the Footer of the website to make it accessible to customers and other parties.

We have Help Documents available on Creating Pages and Creating Links.  Should you need assistance on getting these policies on your site, please email us at staff@bookweb.org

*This is a template of recommended language only and stores should modify the text to fit their policies and reflect the store's name and brand where applicable.

Terms & Conditions

By using this website or ordering any merchandise from [INSERT BOOKSTORE NAME] ("[INSERT BOOKSTORE NAME]"), you acknowledge that you have read and understand these terms and conditions of use ("Terms of Use") and agree to be bound by them, to the extent permitted by applicable law. [INSERT BOOKSTORE NAME] retains the right to change or modify these Terms of Use from at its discretion. Please review these Terms of Use to ensure your acceptance. If you do not agree to these Terms of Use, you are not authorized to use this website or to purchase any merchandise from this website.

License

Your use of this website is under a limited license to access and make personal use of this website. This license does not include the right to download (except for page caching), modify, reproduce, or resell any part of the website's content; use any robot, spider, data miner, or other means to extract and gather data from the website; or otherwise use this website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain [INSERT BOOKSTORE NAME] express written consent.

Termination of Usage

[INSERT BOOKSTORE NAME] may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this website, including any account hereon, without notice, for any reason in [INSERT BOOKSTORE NAME] sole discretion, including, without limitation, violation of the Terms of Use or [INSERT BOOKSTORE NAME] belief that such use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, [INSERT BOOKSTORE NAME] or another user.

Pricing

The prices for items on this website are subject to change. It is possible for the price of an item to change between the time you add it to your shopping cart and the time you check out. Occasionally, an item may be mispriced on the website. In that case, the mispriced item would appear at the incorrect price even upon checkout. If the correct price of an item is higher than the price shown on the website or at checkout, [INSERT BOOKSTORE NAME] may, in its sole discretion, do any one of the following: (1) contact you before shipping the item to notify you of the correct price and receive instructions from you as to whether you want to purchase the item at the correct price; (2) cancel the order and notify you of the cancellation; or (3) ship the item to you at the incorrect price. No contract will have been formed between you and [INSERT BOOKSTORE NAME] until [INSERT BOOKSTORE NAME] has charged your credit or debit card, or processed another method of payment.

Product Descriptions

[INSERT BOOKSTORE NAME] attempts to make its product descriptions as accurate as possible. However, [INSERT BOOKSTORE NAME] does not warrant that the descriptions or other content on this website are accurate, reliable, complete, or current. If you receive an item from [INSERT BOOKSTORE NAME] that is not as it was described on the website, your sole remedy is to return it unused for a refund.

Your Account

If you register an account with [INSERT BOOKSTORE NAME] on this website, you are responsible for maintaining the confidentiality of your user name and password. You agree to accept full responsibility for all activities that take place under your account or password.

This website is intended for the use of individuals 18 years or older. Users under 18 may use the website only under the supervision of a parent or legal guardian.

Privacy

Please review [INSERT BOOKSTORE NAME] privacy notice to develop an understanding of [INSERT BOOKSTORE NAME] practices with respect to this important issue. [INSERT BOOKSTORE NAME] privacy notice is part of these Terms of Use and its provisions are incorporated herein by this reference. This website is hosted and operated in the United States, and is not intended to target EU and other non-U.S. residents. If you are accessing this site from outside the United States, use and disclosure laws will generally differ considerably from U.S. laws and requirements. By using this site, you agree and consent to use of your information under these Terms of Use and [INSERT BOOKSTORE NAME] privacy notice.

Children's Online Privacy Protection Act ("COPPA") Notification

This website is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, [INSERT BOOKSTORE NAME] hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website: www.eff.org.

Trademarks

[INSERT BOOKSTORE NAME], or third parties from whom [INSERT BOOKSTORE NAME] has permission, own the trademarks or service marks that are used on this website. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of [INSERT BOOKSTORE NAME] and its licensors may not be used without prior written consent of [INSERT BOOKSTORE NAME] or its licensor, as the case may be. Without limiting the foregoing, no [INSERT BOOKSTORE NAME] trademark or trade dress may be used in connection with any product or service that is not [INSERT BOOKSTORE NAME], in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits [INSERT BOOKSTORE NAME].

Copyright and Other Proprietary Rights

All proprietary content and materials on this website, including, without limitation, this website's layout, organization, and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

Digital Millennium Copyright Act

If you have reason to believe that material on this website infringes your copyright, please send a notice by mail or email to [INSERT BOOKSTORE NAME] Copyright Agent requesting that the infringing material be removed. The notice must contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the website.

3. Identification of the allegedly infringing material and where the material is located on the website.

4. Your contact information, including your name, address, telephone number, and email address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Notices for copyright claims should be sent to [INSERT BOOKSTORE NAME] Copyright Agent at:

John Kingsbury
[INSERT BOOKSTORE NAME]
7 NW 9th Ave.
Portland, OR 97209
john.kingsbury@[INSERT BOOKSTORE NAME]s.com

Upon receiving such a notice, [INSERT BOOKSTORE NAME] will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512).

Blog and Customer Comments

Comments submitted for a specific product or on the website blog must meet the following requirements:

1. You are the sole author of the comment and it in no way infringes upon the rights of any third party. All quotations, no matter their length, are credited to their original source.

2. The comment is not unlawful, harassing, threatening, obscene, defamatory, or otherwise objectionable.

3. The comment is accurate and not misleading.

4. The comment is not for the purpose of commercial solicitation or spam.

By posting a comment, you give [INSERT BOOKSTORE NAME] the right, but not the obligation, to make the comment, or any part of it, available on the Internet and to use, copy, or distribute the content of the comment throughout the world in any media, in each case on a royalty-free basis.

[INSERT BOOKSTORE NAME] has the right, but not the obligation, to edit or remove any customer comments or blog postings at any time. [INSERT BOOKSTORE NAME] takes no responsibility and assumes no liability for any content posted by you or any third party.

Third-Party Sites

This website may contain links to other unrelated websites on the Internet. [INSERT BOOKSTORE NAME] is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. [INSERT BOOKSTORE NAME] makes no representations or warranties regarding the security of any information you make available to such websites. [INSERT BOOKSTORE NAME] is not liable for any loss or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY [INSERT BOOKSTORE NAME] ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE PARAGRAPH BELOW, [INSERT BOOKSTORE NAME] WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT, OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. [INSERT BOOKSTORE NAME] DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT [INSERT BOOKSTORE NAME] LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY [INSERT BOOKSTORE NAME] OWN NEGLIGENCE OR FOR ANY DAMAGES CAUSED BY [INSERT BOOKSTORE NAME] FAILURE TO ADHERE TO COMMERCIALLY REASONABLE MEASURES TO PROTECT YOUR ONLINE SECURITY AND PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY.

Indemnification

You will indemnify and hold [INSERT BOOKSTORE NAME] harmless from any claim, demand, loss, liability, costs, or expenses (including reasonable attorney fees), arising out of your misuse of this website, your breach of these Terms of Use, or your violation of the law or any rights of a third party.

Risk of Loss

The risk of loss and title for all items purchased from this website passes to you upon delivery of the item to the carrier.

Applicable Law

This website is maintained through [INSERT BOOKSTORE NAME] offices located in Portland, Oregon. Accordingly, this agreement shall be deemed to have been made in the United States in the state of Oregon and shall be governed exclusively by the laws of the State of Oregon without regard to any principles of conflicts of law.

Arbitration of Disputes

Any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from [INSERT BOOKSTORE NAME] will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Portland, Oregon, USA, in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law

Alternatively, at [INSERT BOOKSTORE NAME] sole discretion, a claim may be adjudicated in the state or federal courts located in Multnomah County, Oregon. By using this website, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in Multnomah County, Oregon.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE CONDUCT OF THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES AND AGREES THAT ALL SUCH DISPUTES SHALL BE DECIDED BY AN ARBITRATOR.

Severability

If any provisions of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Notices

You consent to receive electronic communications from us via email or posting on this website and acknowledge that such communications satisfy any legal requirement that the communications be made in writing.

IndieCommerce Help Documents

 

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