PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE OR PLACING AN ORDER. This website (the “Website”) is owned and operated by Gentle-books.com, Inc. (“Gentle-books.com”). These Terms and Conditions and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Gentle-books.com. This Agreement governs your access to and use of any Gentle-books.com Website, any order you place through a Gentle-books.com website, and, as applicable, your use or attempted use of our products and services (collectively, “Your Use”).
Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A Gentle-books.com PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 12) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 12 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
1. Eligibility
To use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for young people under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
2. User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent: copy, reproduce, rent, lease, loan or sell content retrieved from the Website; or modify, distribute, or re-post any content on the Website for any purpose; or use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree: not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website; not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website; not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files; not to use, frame, or utilize framing techniques to enclose any Gentle-books.com trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Gentle-books.com’s express written consent; e. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website; not to use meta tags or any other “hidden text” utilizing a Gentle-books.com name, trademark, or product name without Gentle-books.com’s express written consent; not to deeplink to the Website without Gentle-books.com’s express written consent; not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website; not to collect or store personal data about others; not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; to be bound by the Product Feedback Policy of Gentle-books.com, including that any product feedback you may make to Gentle-books.com will not be held in confidence by Gentle-books.com and is not proprietary, that Gentle-books.com may use the product feedback and any aspect thereof for any purposes in Gentle-books.com’s sole discretion and that Gentle-books.com owes no duties or obligations with respect to you or the product feedback made; and to comply with all applicable laws regarding your use of the Website.
3. Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Gentle-books.com’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
4. Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
Gentle-books.com AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE Gentle-books.com STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, Gentle-books.com CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
5. Disclaimer of Warranties with Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Gentle-books.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Gentle-books.com DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Gentle-books.com MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gentle-books.com OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. Links to Other Websites That Gentle-books.com Does Not Control
The Website may provide links to other websites and/or resources, over which Gentle-books.com has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Gentle-books.com of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Gentle-books.com makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Gentle-books.com has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. At the moment when you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.
7. Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with Gentle-books.com through the Website or via other forms of electronic media, such as e-mail, you are communicating with Gentle-books.com electronically. You agree that Gentle-books.com may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Gentle-books.com provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Gentle-books.com or you).
You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, or “I ACCEPT” or such similar links as may be designated by Gentle-books.com, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY Gentle-books.com. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
8. Communications with Gentle-books.com
You verify that any contact information provided to Gentle-books.com, including, but not limited to e-mail address is true and accurate. You acknowledge that by voluntarily providing your e-mail address to Gentle-books.com, you expressly agree to be contacted at the e-mail address you provide.
You consent to receive e-mails by or on behalf of Gentle-books.com relating to this Agreement, any purchase or transaction with Gentle-books.com, matters related to your subscription, and promotions regarding Gentle-books.com products. These communications may be made by or on behalf of Gentle-books.com. Gentle-books.com may obtain, and you expressly agree to be contacted at e-mail addresses provided by you directly or obtained through other lawful means. Your consent to this communications provision is not required to make any purchase with Gentle-books.com.
9. International Users
Your Use is controlled, operated and administered by Gentle-books.com from our offices within France. If you access the Website from a location outside France, you are responsible for compliance with all local laws. This Website may be accessed by users internationally and may contain references or cross references to Gentle-books.com products, programs and services that are not available in your country. Such references do not imply that Gentle-books.com intends to make available in your country such products, programs or services or that such product may lawfully be used in or imported into your country.
10. Limitation on Gentle-books.com’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Gentle-books.com, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
11. Termination of Website
You agree that Gentle-books.com may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Gentle-books.com, in its sole discretion, deems appropriate. You further agree that Gentle-books.com will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Gentle-books.com’s liability shall survive any such termination.
12. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Gentle-books.com, and/or any involved third party relating to your account, Your Use (defined here), your relationship with Gentle-books.com, or these Terms and Conditions. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Gentle-books.com or any third party related to your use or attempted use of the products. You, Gentle-books.com, or any involved third party may pursue a Claim. Gentle-books.com agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Gentle-books.com. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Gentle-books.com both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Gentle-books.com will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution. Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Gentle-books.com, you will first give us an opportunity to resolve your problem or dispute. This includes sending a description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the description by email to Gentle-books.com: contact@gentle-books.com. You agree to negotiate with Gentle-books.com in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Gentle-books.com’s receipt of your dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and Gentle-books.com agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred. Arbitration Location. The arbitration may be conducted in France. It may be held by telephone or through written submissions if both you and Gentle-books.com agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from the selected tribunal, which can be obtained by calling the selected tribunal. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Gentle-books.com.
Arbitration Fees. The parties shall each pay their own fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although Gentle-books.com may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Gentle-books.com agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the tribunal.
Enforceability. This provision survives termination of your account or relationship with Gentle-books.com, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Gentle-books.com and shall not be modified except in writing by Gentle-books.com. Amendments. Gentle-books.com reserves the right to amend this arbitration provision at any time. Your continued use of any Gentle-books.com Website, purchase of a Gentle-books.com product, or use or attempted use of a Gentle-books.com product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Gentle-books.com will provide you notice and an opportunity to opt-out. Your continued use of any Gentle-books.com Website, purchase of a Gentle-books.com product, or use or attempted use of a Gentle-books.com product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A Gentle-books.com PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO: Gentle-books.com, contact@gentle-books.com. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY Gentle-books.com PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF Gentle-books.com PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
13. Modifications to the Agreement
Gentle-books.com may make changes to these Terms and Conditions, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
14. Product Feedback
Gentle-books.com appreciates hearing from its customers regarding our products. All remarks, suggestions, ideas, graphics, or other information communicated to Gentle-books.com through any mean (e-mail address, comment on a sales page or in an e-mail...) will forever be the property of Gentle-books.com. Gentle-books.com will be entitled to use the Product Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Gentle-books.com, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
15. Copyright Policy
Gentle-books.com may terminate access by users who appear to infringe the copyright or other intellectual property rights.
16. Other Important Terms
Gentle-books.com may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Gentle-books.com. No delay by Gentle-books.com in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect Gentle-books.com’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Gentle-books.com in writing. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
Last Updated: May 04, 2018