Legal Notice

 

YES to the Book, Inc. Terms of Use Legal Notice

©2018 YES to the Book, Inc. ALL RIGHTS RESERVED. Please refer to the legal notice below for Terms of Use.

This website is operated by YES to the Book, Inc.. The website address for YES to the Book, Inc. is http://www.yestothebook.com and www.yestothebook.org. The mailing address for YES to the Book, Inc. is 7522 Campbell Road Suite 113-144, Dallas, TX 75248.

All users of this website agree that their access to and use of this website are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user's own risk. These terms and conditions are subject to change at any time without prior notice. Any changes will be reflected on the Legal Notice page of the YES to the Book, Inc. website.

By making a purchase from YES to the Book, Inc., you understand and agree that YES to the Book, Inc. may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

All images, graphics, code, software and other content used on or incorporated into this website are subject to intellectual property rights held by or licensed to YES to the Book, Inc.. Subject to your compliance with these terms of use, YES to the Book, Inc. grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website.  This license does not include: (a) any commercial use of this website or its contents; (b) any collection or use of any product listings, descriptions, images or videos; (c) any derivative use of the website or its contents; (d) any downloading, copying or other use of the website or its contents for the benefit of any third party; or (e) any use of data mining, robots or similar data gathering and extraction tools.  This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of YES to the Book, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on this website or owned by YES to the Book, Inc. without first obtaining YES to the Book, Inc. express prior written consent.

This website may contain errors and may not be complete or current. YES to the Book, Inc. therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

THE YES TO THE BOOK, INC. WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY YES TO THE BOOK, INC. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YES TO THE BOOK, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM YES TO THE BOOK, INC. ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE YES TO THE BOOK, INC. WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, YES TO THE BOOK, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

To the fullest extent allowed by applicable laws, neither YES to the Book, Inc. nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if YES to the Book, Inc. is notified in advance of the potential for any such damages.  These terms are binding in Texas but some other jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.

YES to the Book, Inc. does not make any representations or warranties about any website you may access through this website. Any such website is independent from www.yestothebook.com and yestothebook.org, and YES to the Book, Inc. has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between www.yestothebook.com and yestothebook.org and another website does not mean that YES to the Book, Inc. endorses that website. You need to make your own independent decisions regarding your interactions or communications with any other website.

YES to the Book, Inc. does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to YES to the Book, Inc. will be deemed non-confidential. And, by submitting any such information, you are granting YES to the Book, Inc. an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising. For example, we may use customer reviews from the site in our online or print advertising, along with first name only and city/state of residence.  Please refer to our User Generated Content Policy  for further information on any content you submit to this website.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send YES to the Book, Inc. a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:

(i)     Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii)     Identification of the content that you believe to be infringing and its location.  Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
(iii)     Your name, address, telephone number, and (if available) email address.
(iv)     A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(v)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(vi)     A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, c/o YES to the Book Law Department, 7522 Campbell Road Suite 113-144, Dallas, TX 75248 or to contact@yestothebook.org.  We suggest that you consult your legal advisor before filing a notice or counter-notice.

YES to the Book, Inc. has the right but assumes no voluntary duty to monitor and edit or remove any comments or product review ("Comments") posted by users on this site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk to the fullest extent allowed by applicable law. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.

 

Any dispute relating in any way to your visit to the website or at an in person event or to the products you purchase through the website or an in person event shall be submitted to confidential arbitration in the State of Texas; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.

 

Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AND YES TO THE BOOK, INC. AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Further, unless both you and YES to the Book, Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Notice for California Residents pursuant to CA Civil Code section 1789.3:  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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© YES to the Book is a registered trademark. All rights reserved. YES to the Book, Inc. is a 501 (c)(3).

YES to the Book, Inc, 7522 Campbell Road, Suite 113-144, Dallas TX 75248.

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