Terms of Service

OVERVIEW

 

This website is operated by Juniper Books LLC. Throughout the site, the terms “we”, “us” and “our” and “Juniper Books” refer to Juniper Books LLC. Juniper Books offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from our online store, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service with no amendments or alterations.

 

Any new features or tools which may be added in the future to the Service shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.  Use of the Service is primarily intended for individuals eighteen (18) years of age or older.  Individuals thirteen (13) years of age and older may use the Service only with the express consent, and under the direct supervision, of their parent or legal guardian.  Individuals under thirteen (13) years of age may not use the Service.

 

You may not use the Service (a) for any illegal or unauthorized purpose, (b) to violate any laws in your jurisdiction (including but not limited to trademark or copyright laws), or (c) to transmit any worms or viruses or any code of a malicious or destructive nature.

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse access to the Service to anyone for any reason at any time.

 

You understand that any content or information that you may provide (not including credit card information) may be transferred unencrypted including (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, distribute, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without our express written permission.

 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect the interpretation or application of these Terms of Service.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on the Service is at your own risk.  In the event of a pricing error on the Service, orders made at the incorrect price may be cancelled in our discretion.

 

The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service. It is your responsibility to monitor changes to the Service.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for products made available through the Service are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

 

Certain products or services listed on the Service may have limited quantities and no guaranties are made as to availability.  All products purchased through the Service are subject to return or exchange only according to our Return Policy:  https://juniperbooks.com/returns/

 

We have made every effort to display as accurately as possible the colors and images of products that appear on the Service.  However, we cannot guarantee that your computer monitor’s display of any color will be accurate, and therefore cannot guarantee that the color of any products will match the color displayed on your monitor.  

 

We reserve the right, but are not obligated, to limit the sales of our products or services in any respect, including without limitation available quantities or sales to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis as determined in our sole discretion. All descriptions of products or product pricing are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made through the Service is void where prohibited.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any orders in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy: https://juniperbooks.com/returns/

 

SECTION 7 – OPTIONAL TOOLS

Through the Service we may provide you with access to third-party software or tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your access to or use of optional third-party tools.

 

Any use by you of third-party tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If you submit ideas, suggestions, proposals, plans, content, or other materials to us, whether solicited (for example, in connection with an online contest) or unsolicited and whether online, by email, by postal mail, or otherwise (collectively, “User Materials”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in our discretion, in any medium and for any purpose, any User Materials that you forward to us. We are and shall be under no obligation (1) to maintain any User Materials in confidence; (2) to pay compensation for any User Materials unless otherwise agreed in writing; or (3) to respond to any User Materials.

 

We may, but have no obligation to, monitor, edit and/or remove any User Materials that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

 

You agree that User Materials you submit will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Materials. You are solely responsible for any User Materials you submit and their accuracy. We take no responsibility and assume no liability for any User Materials posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

 

Your submission of personal information through the Service, and our use of such information, is governed by our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on the Service that contains errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information on the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free or that the results that may be obtained from the use of the Service will be accurate or reliable.

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly provided in a separate written warranty) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Juniper Books, our managers, members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Juniper Books and our parent, subsidiaries, affiliates, partners, officers, managers, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference,  your submission of any User Materials, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

 

SECTION 16 – ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us through the Service or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW; JURISDICTION

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado and the United States.  Any legal action brought pursuant to these Terms of Service or otherwise arising in connection with the Service may be brought only in the state courts of Boulder, Colorado or the federal district courts of Denver, Colorado, and you hereby consent to exclusive personal jurisdiction and venue in such courts.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.  The current Terms of Service are effective as of 11/20/2017.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Service. It is your responsibility to check the Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at customerservice@juniperbooks.com