Welcome to Literati! The Literati website and services are provided by Literati, Inc. ("Literati", "we" "us" or "our"). These terms and conditions (these "Terms and Conditions") govern your ("you" or "your") access to and use of the LiteratiBooks.com web site (the "Website") and all services provided by Literati via the Website including without limitation our monthly product and gift cards (collectively, the "Services").
By clicking "Continue" on the account creation page or otherwise using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at literatibooks.com/terms. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF OUR LIABILITY, YOUR INDEMNIFICATION OBLIGATIONS, AND THE LAW GOVERNING, AND DISPUTE RESOLUTION PROCEDURES RELATED TO, THE SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT USE THE SERVICES.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES,RATHER THAN JURY TRIALS.
In order to start using the Literati services, you must register an Account on our Website. To create an Account, simply enter a valid email address or link to a valid Facebook account. For us to successfully provide you the Service, you must create and maintain a Literati account ("Account") and additionally provide us with:
As a registered user, you acknowledge and agree that we may use such information to communicate with you about the Service. We may also send you special offers and commercial email messages which you may or may opt out of by emailing us at email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Literati Shipments. When you sign up for a shipment, we will send you some Books chosen by Literati. You will be able to read them in your own home and see what you and your family likes. You can decide to keep all, some or none of the Books in the shipment, and we will charge you for the items you keep as described in the Service Fee and Payment section (below).
As a subscribed Literati member, each month we will ship you a package with a different selection of Books in our Themed Package. Each month of your subscription, the selection of Books will change. Books will not be available for direct order and we do not agree to fulfill Books or Themed Boxes from previous months.
If you order a shipment, you authorize us to charge you for the shipment in accordance with these Terms of Service. As explained in the Service Fee and Payment section, you are responsible for: (i) the Service Fee for any shipment that is not cancelled with the required notice and (ii) the price of any Books that are not returned in accordance with our policies. These Terms of Service will govern any shipment. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States and U.S. territories) or it is to an address that we determine has a history of fraudulent purchases.
Returns/Rejections. We submit our books to you as an offer to purchase. If you want to reject any of the Books in your shipment, simply place them back in the mailer we provide in the box and mail them back to us at no cost to you. Any returned Books must be postmarked no later than seven (7) days after you receive the package (the "Return Date"). Unless otherwise agreed to by us in writing, you agree by keeping any Books in the shipment by not postmarking back to us by the Return Date constitutes your acceptance of our offer to purchase such Books, and we will charge your Account for those Books any time after that day. Any exceptions permitting a return postmarked longer than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Literati. Products must be returned in saleable condition, as determined by Literati and the Publisher who provides Literati any given Books. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item.
Legal Details. OUR SCHEDULING OF A SHIPMENT IS AN OFFER TO PURCHASE THE BOOKS IN THE SHIPMENT, WHICH YOU MAY RETRACT BY RETURNING THE BOOKS YOU DON'T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A SHIPMENT BY PROCESSING YOUR PAYMENT OF THE SERVICE FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE SHIPMENT. For any reason, we may decline to accept your request for a shipment. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided. All Books will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Books to a common carrier.
When we ship you a shipment, we will charge you a non-refundable "Service Fee" in the amount set forth on the Services. The Service Fee will be charged to your credit card or other payment method between the time the order is placed and we ship your shipment. Within seven (7) days of receiving your shipment, you must return any Books you don't want purchase. The Service Fee will NOT be credited towards the purchase price of those Books. To pay for an order, you will need to provide Literati with the information necessary to process an order from you, including your shipping address and the billing information. You may pay for the Service Fee and the purchase of any Books from your order via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Service Fee or purchasing Products, the credit will be applied before charging your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. If you do not cancel before the last day of the month, we will assume you are requesting the next month's shipment, and therefore, you agree to the Service Fee being charged to the card on file on a recurring basis until you cancel the subscription by (i) clicking the "Account" link on your homepage when you log in, and then clicking the "Cancel Subscription" link and following the prompts and options that follow or (ii) by emailing us at to firstname.lastname@example.org stating "I want to stop receiving Books" from the email address then currently associated with your account. You may cancel your subscription renewal at any time before the 1st of the month the next Box is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
The Service Fee is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check Stripe, our third party payment provider, for an updated list). You will automatically be charged each month for your ongoing subscription. You can cancel at any time before the 1st of the month of any new shipment. At the end of that period, your subscription will automatically be renewed for an additional month, and you will be charged the current Service Fee.
For your convenience and benefits as a member, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorize us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue paying the monthly Service Fee and receiving Books for consideration of purchase.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Literati the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Literati will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Books come with a standard price ("List Price") from the Publisher. Books are priced according to Literati Club Pricing, a price set by Literati. Literati will provide a discount equivalent to or below the price set by Amazon, in the event that Amazon sells and fulfills each of the books chosen. Amazon List Prices are set on the 1st of each calendar month. Literati is not responsible for matching any price changes that may occur throughout the calendar month. In the event a book is not fulfilled by Amazon, Literati will determine the Literati Club price independently. Not all books are subject to discounts. In cases where publishers prohibit discounting, customers will be charged the full list price, and this will be stated in the invoice sent to customers with the shipment.
You are responsible for the payment of any Service Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible to pay the applicable use taxes.
You may purchase Literati gift cards for anyone 18 and older through the Services ("Literati Gift Cards"). Literati Gift Cards can be redeemed solely through our Services for Products or styling services. Literati Gift Cards cannot be redeemed for cash except where required by law. For balance information, log in and check your account or alternatively, contact: email@example.com. Literati Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Literati Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Literati is not responsible for lost or stolen Literati Gift Cards, or for use without your or the recipient's permission. Literati reserves the right to close accounts and request alternative forms of payment if a Literati Gift Card is fraudulently obtained or used.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you hereby grant us a non-exclusive, world-wide perpetual license to use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways.
Literati maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
In the event that books are returned to us in a damaged condition, and are not returnable to the publisher in saleable condition, you will be charged 50% of the List Price for such Books. We reserve the right to cancel any account for any reason, including the regular return of damaged materials. We are not responsible for books damaged in transit.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates.
Replacement of Books and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
Repeated claims of undelivered merchandise may result in the cancellation of your membership. We are neither responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
We work hard to provide the best experience possible and the best books for every age; however, you may cancel your automatic renewal through the account page on the Website. You must update your account on the Website by the last of the month of your last shipment.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING YOUR LAST SHIPMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the first day of the calendar month will apply to the following month's fulfillment.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
IN NO EVENT SHALL LITERATI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE LITERATI'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO LITERATI IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Literati from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
Literati services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms. Although we will not collect information from any individual under the age of 13, Account Information may contain personally identifiable information—including the first name, last name, address and birthday—of minors ("Child Personal Information"). Maintaining the confidentiality of your Account Information generally, and Child Personal Information specifically, is a responsibility we take seriously—we will not use or disclose Child Personal Information or your Account Information except as necessary to provide the Service or as otherwise authorized by you. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors.
When you register to participate in Literati services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE BOOKS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN BOOKS OR WHETHER THE BOOKS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO SUBSCRIBES TO OUR SERVICE.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, AT LITERATI'S DISCRETION.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "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, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, LITERATI DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Literati of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's monthly subscription or access to our Website or Services for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
To the maximum extent permitted by law, this Agreement, and all disputes or claims in connection with this Agreement (whether arising in contract, tort or otherwise) are governed by the laws of the State of Texas and the United States of America, and the parties hereby consent to Travis County, Texas being the exclusive jurisdiction and venue of courts for all disputes or claims in connection with this Agreement.
Any dispute arising out of or relating to the Service or these Terms, or its subject matter, shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will be conducted in Austin, Texas by a single arbitrator knowledgeable in commercial distribution and product resale. The arbitrator will provide detailed written explanations to the parties to support his/her award and regardless of outcome, each party shall pay its own costs and expenses (including attorneys' fees) associated with the arbitration proceeding and fifty percent (50%) of the fees of the arbitrator and the AAA.
You may not assign these Terms and Conditions or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms and Conditions (including, for the avoidance of doubt, any rights to Account Information we may have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms and Conditions shall be binding on all permitted assignees.
You agree and acknowledge that, as between you and Literati, unless otherwise stated in these Terms and Conditions, Literati owns and retains all right, title and interest in and to (i) the Website and all improvements, enhancements and modifications thereto, (ii) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Services or the Website submitted by you, (iv) all Themed Packages, and (v) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, "Literati Intellectual Property"). To the extent you have or later acquire any right, title or interest in any Literati Intellectual Property, you hereby irrevocably transfer and assign all such right, title and interest in such Literati Intellectual Property to us.
To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Literati. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Literati.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
If you have any questions about these Terms and Conditions, please contact firstname.lastname@example.org.
Copyright © 2016, Literati, Inc.