BY VISITING booksmartpodcast.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, and “our,” refers to Book Smart. The term the “Site” refers to www.booksmartpodcast.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Book Smart provides a website where users can listen to podcast episodes, support the podcast, and find other reading and listening resources.
Use of Book Smart, including all materials presented herein and all online services, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, supporters, and all other users of the site. By using the Site or Service, downloading a resource, and/or donating to support the podcast on the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site is subject to change. Book Smart makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Book Smart disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to download resources, receive email, donate to the podcast, and/or interact with the Site in another way, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any information you provide to Book Smart will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not, in the use of the Site, violate any laws in your jurisdiction. Book Smart reserves the right to refuse service based on your provision of inaccurate account information.
You may use the Site for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and resources available through the Site for legitimate, non-commercial purposes only.
Refusal of Service
Book Smart reserves the right to refuse service to any person or entity without obligation to assign reason for doing so. Book Smart reserves the right to limit the number of participants in any given online class or in-person event or workshop. Book Smart may at any time change or discontinue any aspect or feature of the Site or Service.
Should Book Smart make products available for purchase on the Site, we will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds & Returns
All sales of digital products are final. All service sales are final, once the service has begun. If you would like to receive a refund on the service you purchased before the service or event has taken place, you must notify us in writing.
We endeavor to describe and display the Site and service as accurately as possible. While we try to be as clear as possible, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in descriptions, pricing, and/or other details. We reserve the right to refuse or cancel any order with an incorrect price listing.
Our Intellectual Property
All content provided on the Site, including all resources, products and service materials, are the intellectual property of Book Smart. The content of the Site are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site. We reserve the right to immediately remove you from any service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, its resources, links, or services. Additionally, Book Smart is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Book Smart has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Book Smart’s cumulative liability to you exceed the total purchase price of the product or service you have purchased from Book Smart, and if no purchase has been made by you, Book Smart’s cumulative liability to you shall not exceed $100.
Third Party Resources
The Site contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Book Smart shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Book Smart.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Book Smart, 250 S 3rd St, Brooklyn, NY 11211.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.