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Terms of Use

Invitation

Welcome to Children’s Book of the Month (http://www.cbomc.com)! This Web site located at Children’s Book of the Month (http://www.cbomc.com) (the "Site") is owned and operated by Bookspan LLC. Children’s Book of the Month (http://www.cbomc.com) maintains this site (the "Site") for your personal entertainment, information, education and communication. You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site for public or commercial purposes including the text, images, audio and/or video without Children’s Book of the Month (http://www.cbomc.com) written permission. IT IS STRICTLY PROHIBITED TO DOWNLOAD THE IMAGES OF THE PRODUCTS FOR SALE WITHIN THIS SITE.

Subscription Information

Children’s Book of the Month (http://www.cbomc.com) offers members book-club editions that are discounted from publishers’ edition prices and sometimes are altered in size in order to save the members money. Members are solely responsible for applicable sales tax except in states where club collects from you. Subscriptions to Children’s Book of the Month (http://www.cbomc.com).com and shipment of Children’s Book of the Month (http://www.cbomc.com).com books are limited to the U.S. and its territories. We have compiled some Frequently Asked Questions (FAQ) to assist our members in responding to questions they may have about their subscription. You can contact Children’s Book of the Month (http://www.cbomc.com) with your questions and/or comments about the website, your subscription, or the Club by writing to: Children’s Book of the Month (http://www.cbomc.com), Member Service Center, PO Box 916400, Rantoul IL 61866-6400 or by sending an e-mail to customer.service@cbomc.com (please be sure to include your account number and email address to facilitate our response).

Trademarks

The trademarks, logos and service marks (the "Trademarks") displayed on the Site, unless otherwise specified, are either the registered and unregistered trademarks of Children’s Book of the Month (http://www.cbomc.com)’s parent entity or used under license. Nothing contained in the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Site without the written permission of Children’s Book of the Month (http://www.cbomc.com) or any third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are hereby also advised that Children’s Book of the Month (http://www.cbomc.com) will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Ownership

Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided for in these terms and conditions or in the text of the Site without the express permission of Children’s Book of the Month (http://www.cbomc.com) which neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Children’s Book of the Month (http://www.cbomc.com).

Intellectual Property, Privacy, and Publicity

Images of people or places displayed in this Site are either the property of, or used with permission by Children’s Book of the Month (http://www.cbomc.com). The use of these images by you, or anyone authorized by you, IS PROHIBITED unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site or you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Confidentiality

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Children’s Book of the Month (http://www.cbomc.com) or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Children’s Book of the Month (http://www.cbomc.com) is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Children’s Book of the Month (http://www.cbomc.com) reserves the right to remove any content posted at any time at its sole discretion. Children’s Book of the Month (http://www.cbomc.com) will fully cooperate with any law enforcement authorities or court order requesting or directing Children’s Book of the Month (http://www.cbomc.com) to disclose the identity of anyone posting such information or materials.

Security

We maintain physical, electronic, and procedural safeguards that meet or exceed industry standards to guard your nonpublic personal information. We protect your account information by placing it on the secure portion of our Web site, using firewalls and other security technology to protect our network and systems from external attacks, and requiring you to enter a unique user name and password to access your account information online. Also, our servers have been enabled with Secure Sockets Layer (SSL) technology to prevent unauthorized parties from viewing the nonpublic personal information that you provide or access during a secure session (look for the padlock icon on your browser). In addition, we employ VeriSign’s digital certificate services to authenticate that you are transacting with our Web site.

Digital Millennium Copyright Act(Public Law 105-304) Website Policy and Procedures for Compliance

In accordance with the Digital Millennium Copyright Act, this Site has adopted a policy toward copyright infringement on its book club website. In furtherance of this policy, this Site will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our Site. This policy shall cover all aspects of the Site, including but not limited to author chats, images, graphics, book reviews, and all member-generated content posted on any portion of our Sites.

Procedure for Reporting Copyright Infringements

First, Submit a formal Notice of Copyright Infringement containing the following information:

  1. The material being infringed or otherwise objectionable
  2. Where on the site the infringements are located
  3. The name of the person/entity complaining
  4. How this person/entity may be contacted
  5. A signed statement that the complainant has good faith belief that the material is infringing or unlawful and
  6. A statement made under penalty of perjury that content of the Notice is truthful and the complaint is expressly authorized by the copyright holder to submit the Notice.
Next, send the Notice of Copyright Infringement to this site’s Designated Copyright Infringement Agent:
Booksonline.com
34 W. 27th Street, 10th Floor
New York, New York, 10001
Attn: Legal Affairs

Or via email to: customer.service@cbomc.com

Within a reasonable time after this information is received, the following action will be taken:

  1. The infringing material or Site will be blocked
  2. Reasonable efforts will be taken to promptly inform the infringing user of the situation
  3. In the case of first-time offenders, the infringing material will be removed
  4. To the extent possible, repeat offenders will be removed permanently from the system.

The infringing user may respond with a counter notice which may include a signed statement, made under penalty of perjury, that the user has a good faith belief that the removal or disablement was a result of a mistake or misidentification. A complete listing of the infringing user’s contact information and consent to jurisdiction in Federal Court in the infringing user’s district must also be included, along with a statement that the infringing user will accept service of process from the original complainant. If such counter notice is received by the site’s Designated Copyright Agent, a copy of the counter notice will be sent to the original complainant. The user’s material and access will be restored in 10 to 14 days unless the Designated Copyright Agent is informed that a lawsuit has been filed over the infringing material.

Members only Products

Some product offerings are not eligible for Introductory Offers and may only be purchased once you become a member.

Accuracy

While Children’s Book of the Month (http://www.cbomc.com) uses reasonable efforts to include accurate and up-to-date information on the Site, Children’s Book of the Month (http://www.cbomc.com) makes no warranties or representations as to its accuracy nor does Children’s Book of the Month (http://www.cbomc.com) assume any liability or responsibility for any errors in the content of the Site.

Damages and Warranties

Your use of and browsing in the Site are at your own risk. Neither Children’s Book of the Month (http://www.cbomc.com) nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Site. Without limitation, everything on the Site is provided to you "AS IS" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Notice of Arbitration Agreement

DISPUTE RESOLUTION BY INDIVIDUAL BINDING ARBITRATION

You and Bookspan agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: the Site; any transaction or relationship between us resulting from your use of the Site; the purchase, order, installation, or use of Bookspan’s products or services; or communications between us; will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Bookspan further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Bookspan further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Bookspan will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Bookspan in writing and provided a copy of the arbitration proceedings. However, if Bookspan is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Bookspan.  If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Bookspan and may not preside over any kind of representative or class proceeding against Bookspan. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BOOKSPAN IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.  IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE THE SITE OR BOOKSPAN’S PRODUCTS, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND IN ACCORDANCE WITH BOOKSPAN’S RETURN POLICY WITHIN 30 DAYS OF YOUR FIRST ORDER OF ANY OF BOOKSPAN’S PRODUCTS. Except as otherwise provided in this Agreement, if any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void and the remainder shall remain fully enforceable.

Virus

Children’s Book of the Month (http://www.cbomc.com) also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Links

Children’s Book of the Month (http://www.cbomc.com) has not reviewed all of the sites linked to the Site, is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk and the fact that there is a link to Children’s Book of the Month (http://www.cbomc.com) site should not be construed as an endorsement of either the linked Site’s content or sponsors.

Trading with Enemies

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United Stated Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Revisions

Children’s Book of the Month (http://www.cbomc.com) may at any time revise the terms and conditions herein by updating this Legal Page. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions.

The policy as stated herein is effective as of: 01/20/16