Get Books Reviewed.com
TERMS OF USE
Last revised on November 30, 2024
Welcome to GetBooksReviewed.com.
1. Parties.
The parties to these Terms of Use are you, and the owner of this https://GetBooksReviewed.com website, Inscribe Marketing, LLC (“Get Books Reviewed”). All references to “we”, “us”, “our”, the “Company”, this “website”, “site”, or “platform” shall be construed to mean this website/software applications business and Get Books Reviewed.
2. Acceptance of Terms of Use Agreement.
By creating a Get Books Reviewed account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service in the footer of the Account page and also on Get Books Reviewed.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
3. Use and Restrictions.
Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this platform, but only for your own internal purposes. You agree not to access (or attempt to access) this platform by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this platform through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this platform. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the platform, its services or content; (ii) modify or make derivative works based on the platform, its services or content; or (iii) “frame” or “mirror” the platform, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. Defamation; Communications Decency Act Notice.
This platform is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this platform by third parties is limited as described therein. We are not responsible for content or any other information posted to this platform by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
5. Monitoring.
We reserve the right, but not the obligation, to monitor your access and use of this platform and your publicly visible use of Amazon without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this platform’ home page.
6. Ownership.
The material provided on this platform is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this platform is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7. Eligibility.
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
- you are at least 18 years of age,
- you can form a binding contract with Get Books Reviewed,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
8. Your Account.
In order to use Get Books Reviewed, you may sign in using a number of ways, including Social media Platforms logins . If you choose to use Social media Platforms logins, you authorize us to access and use certain Social media Platform account information, including but not limited to your public Social media Platforms profiles. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Get Books Reviewed, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us. YOUR CONTINUED USE OF THIS PLATFORM FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS PLATFORM WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
You hereby acknowledge, understand and agree to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process,
- furnish factual, correct, current and complete information with regard to the books you submit, and
- maintain and promptly update your book information, registration, and profile information in an effort to maintain accuracy and completeness at all times.
9. Modifying the Service and Termination.
Get Books Reviewed is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in the “Subscriptions Tab” found on your account page. Get Books Reviewed may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Get Books Reviewed: Sections 10 through 12, and Sections 22 through 32.
10. Safety; Your Interactions with Other Members .
Though Get Books Reviewed strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Get Books Reviewed is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Get Books Reviewed’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT GET BOOKS REVIEWED DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. GET BOOKS REVIEWED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
11. Rights Get Books Reviewed Grants You.
Get Books Reviewed grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Get Books Reviewed and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked indefinitely in the event that you break any of the other terms in the agreement or you do any of the following:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Get Books Reviewed’ prior written consent.
- express or imply that any statements you make are endorsed by Get Books Reviewed.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- use the Service in a way that violates or appears to violate any of Amazon’s community guidelines regarding leaving reviews or promotional content.
- use the Service to post reviews on Amazon that are promotional.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without Get Books Reviewed’s prior written authorization.
- use meta tags or code or other devices containing any reference to Get Books Reviewed or the Service (or any trademark, trade name, service mark, logo or slogan of Get Books Reviewed) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
- use, access, or publish the Get Books Reviewed programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
Get Books Reviewed may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
12. Rights you Grant Get Books Reviewed.
By creating an account, you grant to Get Books Reviewed a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Social media Platforms, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). Get Books Reviewed’ license to your Content shall be non-exclusive, except that Get Books Reviewed’ license shall be exclusive with respect to derivative works created through use of the Service. For example, Get Books Reviewed would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Get Books Reviewed can prevent the use of your Content outside of the Service, you authorize Get Books Reviewed to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Get Books Reviewed members).
You agree that your content will remain on our Service even if you do not have an active subscription. Content is stored permanently to ensure our Service remains fully functional. You agree that all information that you submit upon creation of your account, including information submitted from your Social media Platforms accounts, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Get Books Reviewed above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.
In consideration for Get Books Reviewed allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Get Books Reviewed regarding our Service, you agree that Get Books Reviewed may use and share such feedback for any purpose without compensating you.
Please be informed that Get Books Reviewed may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
13. Other Members’ Content.
Although Get Books Reviewed reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Get Books Reviewed cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.
14. Prohibited Content
We don’t allow certain content including content that we determine is hate speech, promotes the abuse or sexual exploitation of children, contains pornography, is primarily erotica in nature, glorifies rape or pedophilia, advocates terrorism, or other material we deem inappropriate or offensive.
15. Termination of Access
We reserves the right to terminate or suspend your access to the Service at any time, with or without cause, and with or without notice, in its sole discretion. No refunds will be issued in the event of termination.
Reactivation Following Termination for Breach.
In the event that a User’s access to the Service is terminated due to a violation of these Terms, the User may request reactivation. The Company, in its sole discretion, may consider and approve such requests. A non-refundable reactivation fee of $60 will be charged for any approved reactivation.
16. Reviews of Books and Amazon Policies.
Amazon has specific community guidelines that are applicable to the reviews that are posted on their network. Get Books Reviewed’s goal is for our users’ reviews to show up on Amazon. When you finish reading a book and are ready to post your review, please post the review on Get Books Reviewed first before posting it into Amazon. This is accomplished on Amazon by using the “Write Customer Review” button in the reviews area of a book for non-verified purchase reviews and by going to your “My Orders” or “My Digital Orders” page to leave a review for a Verified Purchase review. Your reviews are to be honest, descriptive, and thoughtful reviews of the book you have read and can be positive, neutral, or negative. Get Books Reviewed simply asks that you act in a professional, honest, and kind way when reviewing other’s works. We do not require that any of your reviews have a certain star rating.
To ensure the integrity of our platform and comply with Amazon’s review policies, Get Books Reviewed imposes limitations on the number of reviews users may give and receive and also limits which books a reviewer may review. These limitations are in place to prevent any appearance of manipulation or abuse of the Amazon review system. Furthermore, to maintain the effectiveness of our safety controls and protect the accounts of all users within our network, participation in multiple book review clubs or services (including, but not limited to, competitors of Get Books Reviewed) is strictly prohibited. This restriction applies at all times except during the trial period offered by the Company. Upon subscribing to the Company’s services beyond the trial period, users must immediately cancel any subscriptions with competing book review clubs or services. The Company actively monitors the overall number of reviews received by its users on Amazon. If it is determined that a user is utilizing a competing service while enrolled with the Company, their account will be subject to immediate and permanent termination.
If Amazon removes your books or reviews for violating any of their community guidelines or policies, it is cause for automatic and permanent suspension from our Service.
Reviews must be based on reading the book and cannot be copied from or very similar to existing reviews left for a book, cannot be written solely based on publicly available descriptions of the book, must refer to content found in the book, and cannot be from a review previously left on other book review club membership sites.
To be eligible for receiving tokens for leaving a review, reviews must be posted on Amazon within one (1) day of posting the same review on our website. Reviews submitted on our website with a corresponding Amazon review date more than one (1) day earlier than the submission date on our website will be deemed ineligible.
Users who consistently leave reviews deemed undescriptive, unthoughtful, or not in good faith may have their account terminated without refund, at the sole discretion of Get Books Reviewed.
All reviews will be verified by our team. If they cannot be verified within 96 hours of submission, the reviewer will be notified to resubmit. If they still cannot be verified within an additional 96 hours, tokens will be deducted from your token balance.
By participating in this book review platform, you accept the inherent risk that your reviews may receive low ratings from authors, that you may not always find review opportunities, and that this may impact your experience on this platform.
17. Purchases.
Get Books Reviewed offers products and services for purchase through the Platform, Get Books Reviewed direct billing or other payment platforms authorized by Get Books Reviewed. If you choose to make an in platform purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account (your “Payment Method”) will be charged for the in platform purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Get Books Reviewed or the third party account, as applicable, to charge you.
Auto-Renewal; Automatic Card Payment.
If you purchase an auto-recurring periodic subscription through the Platform purchase, your Payment Method will continue to be billed for the subscription until you cancel and this includes but is not limited to any charges after a trial period is over. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer support if you were billed directly by Get Books Reviewed or the relevant third-party account. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to the Subscriptions Tab on the Account page on Get Books Reviewed or the relevant third-party account but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log in to your third-party account (or the Account Page on Get Books Reviewed, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Get Books Reviewed application from your device. Deleting your account on Get Books Reviewed or deleting the Get Books Reviewed application from your device does not terminate or cancel your subscription; Get Books Reviewed will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Get Books Reviewed or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay Get Books Reviewed directly with your Payment Method. If you pay Get Books Reviewed directly, Get Books Reviewed may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Get Books Reviewed may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting Get Books Reviewed and going to the Subscriptions Area on the Account page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Get Books Reviewed.
Refunds.
All charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. Refunds are a violation of this Agreement.
Pricing.
Get Books Reviewed operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. If you cancel your subscription and subsequently wish to resume it, you will be required to pay the subscription price in effect at the time of reactivation.
Tokens.
Tokens earned through book reviews are granted solely to the reviewing member and have no monetary value. These tokens cannot be sold, traded, gifted, or otherwise transferred to any other member or third party outside of the features included on the platform specifically designed to transfer tokens. Any attempt to transfer tokens outside of official platform features will result in the forfeiture of the tokens and may lead to account suspension or termination.
18. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using the form here.
If you contact us regarding alleged copyright infringement, please be sure to include the following 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;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address and the copyright owner’s identity;
- a written 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.
Get Books Reviewed will terminate the accounts of repeat infringers.
19. Links to Third-Party Websites/Platform.
We do not review or control third party websites/platform that link to or from this platform, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party platform is on your own initiative and at your own risk and may be subject to the other platform’ terms of use and privacy policy.
20. Participation In Promotions of Advertisers.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this platform. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
21. Consumer Rights Information; California Civil Code Section 1789.3.
If this platform charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this platform. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Inscribe Marketing, LLC:
_________________________
_________________________
Contact; support@GetBooksReviewed.com
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
22. Disclaimers.
GET BOOKS REVIEWED PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GET BOOKS REVIEWED DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
GET BOOKS REVIEWED TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
23. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Get Books Reviewed is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Get Books Reviewed is not responsible or liable for such third parties’ terms or actions.
24. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GET BOOKS REVIEWED, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF GET BOOKS REVIEWED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GET BOOKS REVIEWED’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO GET BOOKS REVIEWED FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
25. Arbitration, Class-Action Waiver, and Jury Waiver.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or Get Books Reviewed elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against Get Books Reviewed.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against Get Books Reviewed outside of small claims court (and Get Books Reviewed does not request that the claim, be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Richmond, Virginia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
26. Governing Law.
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Virginia, U.S.A., excluding Virginia’ conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Virginia governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
27. Venue.
All claims arising out of or relating to this Agreement, to the Service, or to your relationship with Get Books Reviewed that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Richmond, Virginia, U.S.A. You and Get Books Reviewed consent to the exercise of personal jurisdiction of courts in the Richmond, Virginia and waive any claim that such courts constitute an inconvenient forum.
28. Severability.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
29. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Get Books Reviewed, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
30. Entire Agreement; Other.
This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety Tips, and the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Get Books Reviewed regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Get Books Reviewed account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind Get Books Reviewed in any manner.
31. Force Majeure.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
32. Privacy.
Please review this platform’ Privacy Policy which also governs your use of these platform. Our Privacy Policy is always accessible on our platform’ home page.