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About BookSwim and BOOKSWIM Membership
BookSwim permits subscribers to rent books through its website located at http://www.bookswim.com . To rent these books, the subscriber can sign on to his or her account and add books to a Rental Pool. Once those books are added to the Rental Pool, BookSwim will ship those books to the subscriber. Your specific subscription level determines the number of books that may be rented at one time. Subscribers then return finished books in exchange for additional books. Once BookSwim receives a subscriber's returned book, BookSwim will ship a new book to the subscriber from the Subscriber's Rental Pool. However, after receiving a subscriber's returned books, BookSwim reserves the right to implement a three-day processing period before shipping out the subscriber's next book shipment.
1. Membership : After becoming a BookSwim subscriber, you are responsible for paying periodic subscription fees according to the then current billing terms. Subscription fees are non-refundable.
2. Billing : A subscriber will be billed a flat fee, plus any applicable sales tax, once a month. The subscriber's membership fee generally includes postage and handling charges. However, BookSwim reserves the right to charge for the shipping of larger or heavier books to the extent the weight of those books exceeds two (2) pounds. Those charges will be automatically credit card or check card debited to the amount of the difference in shipping price as per the United States Postal Service “Media Mail” rates.
3. Changes in Membership Plans : A subscriber may change plans at any time, but no more than once a month. Upgrades in plans will only result in billing the difference of the plans. Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited. Future billing cycles will be billed at the new rate.
4. Cancellation : Your subscription may be cancelled at any time. These cancellations take effect immediately if you do not have any books in your possession. Otherwise, the cancellation will become effective once all BookSwim books in your possession are returned. If you fail to return the books within seven (7) days, you will be charged the Manufacturer's Suggested Retail Price (“MSRP”) for each book. Those charges will be automatically credit card or check card debited.
5. Damaged Books : All of our books are sent and returned in a protective plastic bag. If a book is returned to BookSwim damaged as a result of subscriber misuse, BookSwim will automatically charge you a damage-return fee of $3 per book plus the MSRP of each damaged book. To avoid this charge, a subscriber must purchase the book at our discounted rate through the “Keep My Book” program, explained in “Holding Rental Inventory,” Section 10 below. Notwithstanding the foregoing, if BookSwim determines that a book was damaged during transit, BookSwim will not charge you for the damaged book. However, you should note that a subscriber is allowed only one no-fault missing/damaged book shipment during the course of his or her membership. Any further instances of claimed missing or damaged book shipments will be charged to the subscriber. If theft is suspected, BookSwim will refer the matter to the proper authorities.
6. Automatic Renewal : Subscription fees are automatically renewed, and therefore automatically credit card or check card debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least seven (7) days prior to renewal.
7. Retention of Billing Information : The Subscriber's credit or debit card information will be kept on file. The subscriber agrees to allow the information to be kept in BookSwim's database. 128-bit encryption methods keep the Subscriber's sensitive information safe and no personal or billing information will be shared with any third party, except as when may be required by law (see Cooperation with Authorities and Courts section below).
8. Invitations and Special Offers : Invitations and special offers are available only for first-time BookSwim subscribers, unless otherwise expressly stated in the offer. Each promotion code is limited to one per household and cannot be combined with any other offer(s). Offers are valid only within the United States and its Territories, are not transferable and are void where taxed or otherwise prohibited by law. Once redeemed, all promotional offers are final and are not eligible for refund or return.
9. Shipping Policy: BookSwim maintains a policy to keep an average number of shipments no greater than two (2) outgoing shipments and two (2) incoming shipments per subscriber per month. If needed, we will implement a policy to withhold aggregate subscribers' shipments in order to maintain an average number of no greater than two (2) outgoing and two (2) incoming shipments per subscriber per month. If needed, withholding will occur randomly across all subscribers so that no single user is negatively affected.
10. Holding Rental Inventory : All rental books are property of BookSwim. Through the BookSwim program, Subscribers may keep their rented books as long as they wish, provided the subscriber's account is in good standing and the subscription fee continues to be paid. An additional book will be shipped to the subscriber once each book is returned to BookSwim. If a subscriber decides to purchase a rented book through the “Keep My Book” program, instructions on how to do so, as well as a price list, are located on the Rental Pool page at http://www.bookswim.com/member.php ). After payment, a rental slot will open up and a replacement book from the subscriber's Pool will be shipped to the subscriber. After purchasing a book, that book is the property of the subscriber and does not need to be returned.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND/OR SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. BOOKSWIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE, PRODUCTS AND/OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENTS OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, BOOKSWIM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL BOOKSWIM, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT BOOKSWIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you in subscription fees or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
BOOKSWIM AND SUPPLIER INTELLECTUAL PROPERTY
Copyright : All contents included on the BookSwim website and delivered to you as part of the BookSwim services, including the books themselves, are the property of BookSwim, its suppliers, or its advertisers, and are protected by United States and international copyright laws. The compilation of the content on this website is the exclusive property of BookSwim, and protected by U.S. and international copyright laws.
Trademarks : BookSwim, BookSwim.com, The BookSwim design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of BookSwim. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
YOUR USE OF THE BOOKSWIM WEBSITE AND/OR SERVICES AND INDEMNIFICATION OF BOOKSWIM
Limitations on Use
* You must be eighteen years of age or older to subscribe to the BookSwim service.
* The BookSwim website and its content are for your personal, non-commercial use. BookSwim grants you a limited license to access and utilize the BookSwim website for that purpose only. You may not download, copy, distribute, transmit, display, perform, publish, license, create derivative works from, or offer for sale any BookSwim content without its express written consent.
* BookSwim's trademarks, service marks and trade dress may not be used in any way (unless that use is a permitted Fair Use under the law of the United States ) without prior written approval from BookSwim.
* You agree to use the BookSwim website and any associated service in accordance with all applicable laws, rules and regulations.
* BookSwim reserves the right to immediately terminate your limited license to utilize its website as a result of any unauthorized or illegal use, the contents of its website, and/or any associated service should BookSwim become aware of that unauthorized or illegal use. This right to terminate includes, but is not limited to, BookSwim's right to terminate your subscription if it determines subscriber abuse of BookSwim's policies and procedures.
Cooperation with Authorities and Courts
BookSwim will cooperate with legal authorities and private parties investigating claims of illegal activity. BookSwim's cooperation may include identification of you and other data relating to the use of the website. If such information is requested, you hereby authorize BookSwim to release any and all information, provided that it uses reasonable efforts to identify and provide you with notice of such request (if permitted by law).
Accessing materials, contents and services available on the website from territories where such materials, contents and services are illegal is prohibited. If you choose to access the website from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.
BookSwim does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States Export Laws.
You are solely responsible for maintaining the confidentiality and security of your account information and your password. If you reveal your password or share your account with anyone, you take full responsibility for his/her actions.
Reliance on Information
This website may include inaccuracies or typographical errors that may be corrected as they are discovered at BookSwim's sole discretion.
Right To Terminate
BookSwim reserves the right to terminate or restrict your use of its website or any services it provides, without notice, for any reason, or no reason whatsoever. However, this does not mean that BookSwim has undertaken an obligation to supervise or police your activity on its website.
Third Party Content
BookSwim distributes content supplied by third parties. BookSwim is not a publisher. BookSwim has no more editorial control over content supplied by third parties than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including third party content providers, advertisers, merchants, sponsors, licensors, or any other user of BookSwim are those of the respective authors or distributors and not of BookSwim or its affiliates, or any of their respective officers, directors, employees or agents. BookSwim does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. It is your sole responsibility to evaluate the information, opinion, advice, and/or any other content available through BookSwim.
Use of Information Submitted
BookSwim may use anything you send or communicate to BookSwim, including questions, comments, information, ideas, concepts, or reviews, without compensation or acknowledgement. By posting any content on the BookSwim website, or otherwise communicating that content to BookSwim, you grant BookSwim a non-exclusive, irrevocable and perpetual license to use that content royalty-free, throughout the universe in any media, software or technology of any kind now existing or to be developed in the future.
You consent to receive electronic communications from BookSwim. You agree that any communication, notice, agreement, or disclosure that we send to you electronically satisfies any legal communication requirements, including that such communications be in writing.
Links to Other websites
The BookSwim website may contain hyperlinks or banner advertisements that navigate a user to another website not controlled by, or affiliated with, BookSwim. In addition, other websites may link to the BookSwim website. BookSwim has not reviewed these websites and is not responsible in any way for these websites, or any of their content.
The BookSwim website contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the content contained herein without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of BookSwim's website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Choice of Law
BookSwim respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the BookSwim website, please notify us by sending or submitting notice of the claimed infringement to:
43 Springwood Drive
Monroe Township, NJ 08831
Attn: George Burke - Copyright Claims
Pursuant to Section 512(c) of the Digital Millennium Copyright Act, to be effective, that notice must be in writing and must contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. (d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In order to provide easier access to your account, BookSwim may place a small text file (known as a “cookie”) on any computer from which you access the BookSwim website. If you return to the BookSwim website from that same computer, the cookie enables BookSwim to recognize you, without the need for you to sign in to your account.
Child Online Protection Act
Pursuant to 47 U.S.C. Section 230(d), as amended, BookSwim hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors. Information about purchasing such protections is available at safesurf.com .
Collection of Children's Information
BookSwim does not knowingly collect any personally identifiable information from children under the age of thirteen. BookSwim's website and its services are directed to adults|, and when a user discloses personal information on this website, the user is representing to us that he or she is at least eighteen years of age.
For California Users
43 Springwood Drive
Monroe Township, NJ 08831
Moreover, pursuant to California Civil Code, Section 1789, if you have a complaint regarding BookSwim's services, you may contact the California Department of Consumer Affairs . 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, California, 95814, or by telephone at (916) 445-1254.
43 Springwood Drive
Monroe Township, NJ 08831