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Terms & Conditions of Use

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Eligibility

You represent and warrant for the benefit of GenerousBooks that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; and (d) all information that you submit to us is true, accurate and current.

Member Conduct

You agree to use GenerousBooks for lawful purposes only. You may not use, or allow others to use, your GenerousBooks membership, either directly or indirectly, to:

• Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing or defamatory;
• Post or transmit any matter that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Harm minors in any way;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including the forging of headers or other manipulation of identifiers in order to disguise the origin of any content;
• Post, transmit or facilitate the transmission of chain letters or pyramid schemes;
• Post, transmit or facilitate the transmission of any unsolicited advertising, charity request, promotional materials or other forms of solicitation, including spam, chain letters or pyramid schemes;
• Violate any applicable local, state, national, international or foreign law or regulation;
• Post or otherwise transmit software viruses or other computer code, files or programs designed to inhibit the functionality of computer software, hardware, or telecommunications equipment; or
• Collect or store personal data about other users.

You understand that all information, text, messages, articles and any other material provided by Members ("Member Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Member Content originated. This means that you, not GenerousBooks, are entirely responsible for the content you upload, post or otherwise transmit. GenerousBooks does not control the Member Content that is posted and therefore does not guarantee the accuracy or integrity of the Member Content. In addition, you acknowledge that you may be exposed to content that is offensive or objectionable to you.

GenerousBooks's Rights Regarding Member Content

Except as limited by our Privacy Policy, by placing content on GenerousBooks you grant GenerousBooks a perpetual, irrevocable and unlimited license to republish, reproduce, modify and adapt the Member Content for the purpose of administering and promoting GenerousBooks. This includes any comments or information that you provide to GenerousBooks (collectively, the "Submissions"). None of the Submissions shall be subject to any obligation of confidence on the part of GenerousBooks and GenerousBooks shall not be liable for any use or disclosure (including publication in any medium) of any Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.

While GenerousBooks does not and cannot review all transmissions by Members, you acknowledge that GenerousBooks reserves the right to, and may from time to time, monitor any and all information transmitted or received through GenerousBooks. GenerousBooks, at its sole discretion and without further notice to you, may review, remove or prohibit the transmission or receipt of any information which GenerousBooks deems inappropriate or that violates any term or condition of this Agreement.

To see GenerousBooks's notice and take down procedure for copyright violations, click here.

GenerousBooks Content

GenerousBooks Content is defined as any information, data, text, messages, articles, software, photos, video, graphics, music, sounds, trademarks, service marks, logos and any other material or services that are found on GenerousBooks.com, excluding Member Provided Content. By accepting this Agreement, you agree that all GenerousBooks Content is the sole property of GenerousBooks and GenerousBooks and its licensors shall retain all right, title and interest in and to the Content, which may not be reproduced without prior written consent of GenerousBooks. All GenerousBooks Content herein is protected under US and international copyright, trademark and other laws and is intended for the personal use only of the Members. You may not modify, publish, retransmit, participate in the transfer or sale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any of the GenerousBooks Content in any way, except that you may make one copy for your personal use. Further, you may not use any meta tags or any other "hidden text" utilizing any GenerousBooks name, trademark, or product name without GenerousBooks's express written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms.

Hyperlink to GenerousBooks

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray GenerousBooks, GenerousBooks, Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a GenerousBooks or GenerousBooks, Inc. logo or other proprietary graphic or trademark of GenerousBooks to link to this Site without the express written permission of GenerousBooks. This limited right may be revoked at any time.

Other Links

GenerousBooks or other parties or Members may provide links to other Internet sites or resources. You acknowledge that GenerousBooks is not responsible for the availability of, and does not endorse or assume responsibility for, any content, products or other materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites.

Indemnity

You agree to indemnify, defend and hold harmless GenerousBooks from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorneys fees) as a result of (i) your use of Member Content or GenerousBooks Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others.

Practices Regarding Use and Storage of Data

GenerousBooks may place limits on the use and storage of data on our site. For example, GenerousBooks may limit the length of time that messages or postings can remain on the site, or set limits regarding maximum or minimum levels of activity. You agree that GenerousBooks will not be responsible or liable for the deletion of messages, postings or content on the GenerousBooks site, and agree that GenerousBooks reserves the right to terminate accounts that are inactive for an extended period of time without notice. GenerousBooks reserves the right to change our practices regarding the use and storage of data on GenerousBooks at anytime without notice to users.

Copyright Complaints

GenerousBooks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GenerousBooks's copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on this Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

      Robert A. Fridley
      GenerousBooks, Inc.
      P.O. Box 19212
      Seattle, WA 98119
      email: Info@GenerousBooks.com
      phone: 206-285-1335
      toll free: 800-554-7742

Terms of Sale

This statement contains the terms and conditions governing your purchases at this Site. Payment for orders shall be by credit card.

Products displayed on this Site may be out-of-stock or discontinued, and prices of products displayed on this Site are subject to change without notice. GenerousBooks is not responsible for typographical errors regarding price or any other matter on this Site (see Limitations on Liability section below). Prices displayed on this Site are quoted in U.S. dollars. Purchases from this Site are available only in the United States and Canada.

Prices of products offered for sale on this Site do not include shipping and handling. Those charges will be added during the checkout procedure and you will have the right to cancel an order is those charges are unacceptable before completing the transaction. Where taxes apply, a separate charge will appear during the check-out procedure. At present, GenerousBooks charges sales tax on orders delivered to customers in the State of Washington. If you live outside this area, you are responsible for remitting applicable sales tax on your order directly to your local taxing authority.

Although GenerousBooks has made every effort to display and describe the likeness of each product as accurately as possible, it is possible that the displayed likeness of the products will depend upon the manufacturer's available graphic image as well as the monitor of the user. GenerousBooks cannot guarantee that the site or the user's monitor will accurately portray the actual likeness of the products.

All items ordered from GenerousBooks are subject to availability and are only available for acquisition and shipment in the U.S. We reserve the right to reject any and all orders. Subject to applicable law, GenerousBooks reserves the right to deliver items acquired as part of your order at different times in the event that they are not available for shipment at the same time. GenerousBooks also reserves the right to limit the quantity of any items that may be obtained by you through this Site.

All orders placed through this Site are shipment contracts, not destination contracts. If you would like your item(s) delivered at a particular location, you will be responsible for the shipping charges. Shipping and handling charges may or may not reflect actual costs and may be amended by GenerousBooks from time to time.

You may cancel all or any part of your order before you submit the order. You may not cancel after shipment, but may return any item that qualifies for return under any applicable return policy.

Disclaimers

THE GENEROUSBOOKS SITE AND ALL INFORMATION, MATERIALS, CONTENT AND PRODUCTS THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GENEROUSBOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, MATERIALS, CONTENT AND PRODUCTS ON THIS SITE. GENEROUSBOOKS, DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GENEROUSBOOKS IS NOT RESPONSIBLE FAR TYPOGRAPHICAL ERRORS OR OMISSIONS OF ANY KIND. GENEROUSBOOKS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

You agree to hold GenerousBooks harmless for (1) any inaccuracy, error, or delay in, or omission of any information contained on this Site, in any of our publications or in any sites accessible by hyperlink or linking to this Site; (2) any loss or damage arising from or occasioned by (a) any inaccuracy, error, delay, or omission of such information, (b) non-performance, (c) interruption of information due to any act or omission by GenerousBooks or third party providers/transmitters of information, or due to any cause beyond the reasonable control of GenerousBooks.

IN NO EVENT SHALL GENEROUSBOOKS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF GENEROUSBOOKS OR A GENEROUSBOOKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE INFORMATION, MATERIALS, CONTENT OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR AVAILABLE ON THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GENEROUSBOOKS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE COMPENSATION YOU PAID GENEROUSBOOKS

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AS A RESULT OF YOUR STATE'S LAWS.

Applicable Law

These Site Terms shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

GenerousBooks reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.