2. Restrictions on Use.
A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Without Hearthaven Bookstore’s express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Hearthaven Bookstore’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. You shall not falsify credit card information used for purchases, including but not limited to the country associated with the billing address of any credit cards used at our site. Falsifying credit card information may result in immediate and permanent suspension of your account.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, eBooks, downloadable files, text, and photos, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of shop.hearthavenpublishing.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. shop.hearthavenpublishing.com eBooks shall not be printed unless file contains specific authorization to do so.
C. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
D. Your access to the site, other than to portions open to the public, is controlled by your individual password. You may not share your password with anyone else or permit your password to be used to provide anyone else with access to non-public portions of the site.
E. The foregoing provisions of Section 3 are for the benefit of Hearthaven Bookstore, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3.Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SHOP.HEARTHAVENPUBLISHING.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. IN NO EVENT WILL SHOP.HEARTHAVENPUBLISHING.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHOP.HEARTHAVENPUBLISHING.COM’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HEARTHAVEN BOOKSTORE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. Indemnification. You agree to defend, indemnify and hold harmless Hearthaven Bookstore and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.
6. Trademarks. Hearthaven Bookstore, shop.hearthavenpublishing.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Hearthaven Bookstore. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
7. Third Party Content. Hearthaven Bookstore has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Hearthaven Bookstore. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Hearthaven Bookstore neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than n aauthorized Hearthaven Publishing employee spokespersons while acting in their official capacities.
8. Ebooks. After purchasing any downloadable eBook or product from shop.hearthavenpublishing.com, it is the Hearthaven Bookstore Member’s responsibility to download the eBook or product within 1 hour of purchase. If you believe an error has been made in the purchase, please do not download the eBook (you must contact us explaining the error). Once you download the eBook, it is impossible for us to offer a refund. Please note: Because of the constantly evolving nature of the eBook industry and eBook formats, we do not guarantee that eBooks you purchase from shop.hearthavenpublishing.com will always be available in the formats that we “currently” support. That is why it is important that you download the eBook in the format of your choice immediately after purchasing.
YOU EXPRESSLY AGREE that shop.hearthavenpublishing.com has the right to put a temporary hold on any account while it validates credit card purchases and/or reviews such transactions for potential fraud. While an account is on hold, downloading eBooks is not allowed. Once the purchase is validated, the hold will be removed and downloading will be possible. Or, if the transaction is fraudulent, then the account will be frozen and other actions will be taken.
Important Notice: eBooks cannot be printed, copied, or “loaned” to others due to copyright laws.
Important Notice: Once an eBook is downloaded, it cannot be refunded or exchanged for another eBook or for a different format of the same eBook.
All eBooks at shop.hearthavenpublishing.com are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these product(s) is intended for the Hearthaven Bookstore Member’s personal and noncommercial use. Any other use of eBooks downloaded from shop.hearthavenpublishing.com is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these product(s), in whole or in part. By downloading Hearthaven Bookstore eBooks, the User hereby acknowledges and agrees to these terms.
9. Discounts and Specials. From time to time, shop.hearthavenpublishing.com may offer discounts or special free downloads of various books. These discounts and offers may be changed and/or discontinued at any time, without notice.