Terms and Conditions
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Nerdy Book Book LLC (hereinafter “Company”) and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Company may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Company a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
6. Limitation of liability
In no event shall Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Company is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Company and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
Refunds and Returns
ALL SALES ARE FINAL!
Subscribers understand that each subscription box will contain an undisclosed book and other accompanying products. Due to the nature of the subscription, Nerdy Book Box LLC will not be able to issue refunds, accept returns, or make exchanges for items that subscribers are generally dissatisfied with.
Items Damaged in Transit or Misdelivered/Stolen
Nerdy Book Box LLC is not liable for items damaged during transit or boxes that are misdelivered or stolen. All boxes are shipped Priority Mail® and include $50 insurance through the United States Postal Service (“USPS”). Should you find the contents of your package damaged upon delivery or box missing after the delivery date, subscribers are encouraged to file an insurance claim with USPS. We can be reached at firstname.lastname@example.org to provide shipping details, tracking numbers, or other information that is needed to facilitate the claim process.
It is our goal to ensure that each item that is included in your box is of the highest quality. If you notice that an item has a product defect that we oversaw while packing your box that significantly impedes the ability of the item to be used for its intended purpose (e.g. a bookmark that arrives with peeling lamination, a book with cut-off printing, etc) we will do what we can to contact the vendor to have a replacement shipped to you at no cost. In the event that a replacement cannot be shipped, we will refund your account for the cost of the defective product.
PLEASE NOTE: Subscribers must notify Nerdy Book Box LLC at email@example.com within three (3) calendar days after receipt of the box to be eligible for a replacement or refund of a defective product. Claims must be accompanied with a photo or image of the alleged defect so that we may forward it to the vendor. Nerdy Book Box LLC retains the right and discretion to determine whether an alleged defect falls within the requirements above. Damage due to normal wear and tear or shipping will not be covered.
As a subscription service, we understand that subscription cancellation is a normal (yet unfortunate!) part of doing business. Subscribers have until their payment is processed for the following month’s box to cancel their subscription. Subscription payments are processed on the 1st of the month (i.e. to unsubscribe for November, the subscription would have to be cancelled before November 1st). Subscription payments that have been processed will be unable to be refunded, and cancellation will be effective starting the following month.