Living Books Marketplace LLC
Terms and Conditions
Effective February 1, 2020
Welcome to LivingBooksMarketplace.com!
The Living Books Marketplace website located at www.LivingBooksMarketplace.com (“the Site”) is a copyrighted work belonging to Living Books Marketplace LLC (“LBM”).
Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
The “LBM Terms and Conditions” describe the legally binding terms and conditions that oversee your use of the Site as well as use of any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. The Site provides an online Marketplace for the following goods, products, and/or services: new, used, rare and out-of-print books and curriculum items related to Homeschooling (the “Marketplace Offerings”). The Marketplace allows registered LBM users (“Users”) to make purchases from sellers in the United States (“Sellers”) acting on their own behalf.
In addition, the “LBM User Agreement” (found at the end of these Terms and Conditions) explains how you can use our website and buy products listed in our Marketplace.
BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT WITH THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO REGISTER FOR THE SITE OR USE THE MARKETPLACE OFFERINGS. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OR THE USER AGREEMENT, PLEASE DO NOT LOG INTO AND/OR USE THE SITE.
Access to the Site
Subject to these Terms. LBM grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (i) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (ii) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (iii) you shall not access the Site in order to build a similar or competitive website; and (iv) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and the Marketplace Offerings are owned by LBM or LBM’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in the first part of this section. LBM and its suppliers reserve all rights not granted in these Terms.
No Support or Maintenance. You agree that LBM will have no obligation to provide you with any support in connection with the Site.
Site Management. We reserve the right, but not the obligation, to: (i) monitor the Site for violations of these Terms and Conditions; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your User Content or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
LBM reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that LBM will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
Corrections. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Site Content or the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
User Representation and Content
User Representation. By using the Site or the Marketplace Offerings, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script, or otherwise; (vi) you will not use the Site for any illegal or unauthorized purpose; and (vii) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content.
User Registration. You are not required to register with the Site in order to access the Marketplace Offerings, but if you wish to make a purchase, registration is mandatory. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Upon registering with LBM, you agree to have your email address added to the LBM Newsletter subscription list. If you wish to unsubscribe, that can be done at any time through the links provided in the email sent to you.
User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy (detailed below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by LBM. Because you alone are responsible for your User Content, you may expose yourself to liability. LBM is not obligated to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire. You agree that we shall have no liability to you for any loss or corruption of any User Content, and you hereby waive any right of action against us arising from any such loss or corruption of such content.
You hereby grant to LBM an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content on the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vii) make improper use of our support services or submit false reports of abuse or misconduct; (viii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site; or (ix) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your Account, and/or reporting you to law enforcement authorities.
If you provide LBM with any feedback or suggestions regarding the Site, you hereby assign to LBM all rights in such feedback and agree that LBM shall have the right to use and fully exploit such feedback and related information in any manner we believe appropriate without acknowledgment or compensation to you. LBM will treat any feedback you provide to us as non-confidential and non-proprietary.
You agree to indemnify and hold LBM and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (i) your use of the Site or Marketplace Offerings, (ii) your violation of these Terms, (iii) your violation of applicable laws or regulations or (iv) your User Content. LBM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of these claims. You agree not to settle any matter without the prior written consent of LBM. LBM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain (or you may be sent via the Site or Marketplace Offerings) links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of LBM, and LBM is not responsible for the content, accuracy, offensiveness, opinions, or reliability of or contained in any Third-Party Links & Ads. LBM provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that LBM will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge LBM and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LBM AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS MAKE NO GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall LBM, our directors, employees, agents, or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Site or the Marketplace Offerings, even if we have been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of twenty-five U.S. dollars (US $25). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Terms and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. LBM will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the applicable provisions of these Terms will remain in effect.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Digital Millennium Copyright Act (DMCA) Notice and Policy. LBM respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Marketplace users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)(3)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Notifications may be addressed to:
Living Books Marketplace LLC
Attn: Copyright Agent
7101 Woodrow Way
Louisville, KY 40228
Governing Law. These Terms and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the Commonwealth of Kentucky applicable to agreements made and to be entirely performed within the Commonwealth of Kentucky, without regard to its conflict of law principles.
Disputes and Arbitration
Dispute Resolution. Please read the following “Arbitration Agreement” carefully. It is part of your contract with LBM and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by LBM that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and LBM, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to LBM should be sent to: Living Books Marketplace LLC, Attn: Dispute Notification, 7101 Woodrow Way, Louisville, KY 40228. After the Notice is received, you and LBM may attempt to resolve the claim or dispute informally. If you and LBM do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. In the case that a dispute is unable to be resolved through informal negotiations, arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Jefferson County, Kentucky.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or LBM pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and LBM, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and LBM.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and LBM in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LBM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LBM.
Small Claims Court. Nonetheless the foregoing, either you or LBM may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, the following disputes shall not be subject to this Arbitration Agreement: (i) any dispute related to, or arising from claims of defamation, allegations of theft, piracy, invasion of privacy, or unauthorized use (including violation of the Computer Fraud and Abuse Act); (ii) infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets, or intellectual property rights; and (iii) any claim for injunctive relief. If these such disputes are found to be illegal or unenforceable, then neither party will elect to arbitrate and such dispute shall be decided by a court of competent jurisdiction, and the parties agree to submit to the personal jurisdiction of that court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Jefferson County, Kentucky, for such purposes.
California Users and Residents. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and LBM use electronic means, whether you use the Site or send us emails, or whether LBM posts notices on the Site or communicates with you via email. For contractual purposes, you (i) consent to receive communications from LBM in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LBM provides to you electronically satisfy any legal obligation that such communications would satisfy if it were to be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site and Marketplace. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The word “including” means “including without limitation”. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to LBM is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without LBM’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. LBM may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©2019-present. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding the use of the Site or the Marketplace Offerings, please contact us at:
Living Books Marketplace LLC
7101 Woodrow Way
Louisville, KY 40228
The LBM User Agreement. These Terms and Conditions supplement the “LBM User Agreement”, which applies to all registered LBM users.