HOKU BOOK LLC – TERMS OF USE AGREEMENT
LAST UPDATED FEBRUARY 10, 2016
ACCEPTANCE OF TERMS. The Hoku Book LLC (“HB”) website, mobile applications and other products and services (collectively the “Services”) and all content available on the Services (“Content”) are made available by HB to assist potential consumers in the identification, selection and purchasing of print and electronic media. The Services include, but are not limited to, an online collection of resources, including passive and interactive forums and various advertisements. HB does not sell or deliver any of the products listed in the Services or Content. Instead, HB lists information about print and electronic media that can be purchased by the user. This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Services whether accessed via the internet, wirelessly or through any other method.
These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest. The Services and Content are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth in this Agreement. Please read and review these Terms of Use carefully, including the limitation of liability and dispute resolution process. By accessing or using the Services, Content, or contacting HB customer service, you agree that the Terms of Use then in effect shall apply. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE SERVICES OR THE CONTENT. BY USING THE SERVICES OR THE CONTENT IN ANY WAY, YOU ARE AGREEING TO THE TERMS OF USE HEREIN.
HB reserves the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time by posting the revised Terms of Use on the Services, and you agree that your use of the Services after such changes will constitute your acceptance of such changes. Such modification shall become effective immediately upon the posting thereof. For your convenience, the date of last revision is included at the top of this page. HB may make changes, modification or other adjustments to the Services or Content at any time. You understand that HB may discontinue or restrict your use of the Services for any reason or no reason with or without notice.
The resources available on the Services are intended as a general information resource and are provided solely on an "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" basis. You are encouraged to confirm the information contained herein. You should not construe HB's publication of the Services as a warranty or guarantee of the quality or availability of any goods or services. Goods or services offered through the Services, if any, are "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" without warranties of any kind.
FEES AND CHARGES. Payment for certain Services is due in advance of each applicable membership period (e.g., monthly or annually) and are non-refundable, including after cancellation. You agree to pay all applicable fees for your memberships and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable. MONTHLY AND ANNUAL MEMBERSHIPS MAY AUTOMATICALLY RENEW AND THE CREDIT CARD OR OTHER PAYMENT METHOD YOU PROVIDE WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU. If you wish to cancel your membership in a Service or Content (if such cancellation is available), please contact HB’s customer support. Cancellation of memberships (if such cancellation is available) will take effect as detailed in the cancellation information for the specific Service or Content intended for cancellation.
FREE TRIAL MEMBERSHIP. From time to time, HB may offer free trials for certain levels or access of the Services or Content. Unless otherwise defined with a specific promotion, only one free trial membership is allowed per individual user. Such trials do not require the user to register with a credit card to commence, but will require a membership registration, with a valid credit card, to extend usage of the Services and Content after the term of the free trial lapses.
LINKS TO OTHER SITES. The Services and Content may contain links to websites operated by other parties. HB provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of HB, and HB is not responsible for the content available on the other sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other locations) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Such links do not imply HB’s endorsement of information or material on any other site and HB disclaims all liability with regard to your access to and use of such linked Services.
PERMITTED USES. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by HB, HB invites you to view and use the Services and the Content; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Services or the Content unless expressly authorized by HB in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Services or in the Content. Special terms may apply to some products or services offered on the Services and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail. You may not damage, disable, overburden, or impair the Services or in any way or manner interfere with any other party's use and enjoyment of the Services.
Additionally, you agree not to:
If it is reasonably determined that a history or current activity on any account shows signs of fraud, abuse or suspicious activity, HB may cancel any purchases or media hold associated with such account and/or lose such account and/or otherwise associated accounts. If any user conducts any fraudulent activity, HB reserves the right to take any necessary legal action and such user may be liable for HB’s monetary losses, including litigation costs and damages. To contest any such account hold or cancellation, the user should contact HB’s customer services.
DISCLAIMERS AND LIMITATION OF LIABILITY. THE SERVICES AND CONTENT, AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THE SERVICES OR CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HB MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES OR CONTENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
SPECIFICALLY, THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. HB DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS PUBLISHED ON THE SERVICES. HB expressly reserves the right to correct any pricing errors on the Services, including selections made under an incorrect price.
HB MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE(S).
In no event shall HB and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon opinions appearing on the Services; any computer viruses, information, software, linked sites, products and services obtaining through the Services; or otherwise arising out of the access to, display of or use of the Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if HB and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, HB or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of HB and/or their respective suppliers will in no event exceed the amount paid by you to HB in the past six (6) months, or Two Hundred and Fifty Dollars and Zero Cents (US$250.00) or the equivalent in local currency.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR."
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of HB and/or their respective suppliers.
INDEMNITY. You agree to indemnify, defend and hold HB, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Services, and/or breach of this Agreement.
USER ELIGIBILITY. We care about the safety of children and will not knowingly let anyone under the age of 13 years of age to provide us any personal identifying information. The Services are not directed toward children under13 years of age nor does HB knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to HB. By using the Services, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.
PRIVACY AND INFORMATION DISCLOSURE. HB has established a Privacy Policy to explain to users how their information is collected and used, which is located on HB. Your use of the Services signifies acknowledgement of an agreement to our Privacy Policy. Without limitation of any of the rights granted to HB herein, you acknowledge and agree that HB may preserve and disclose information about you, your account and transactions made through the Services if required to do so by law or if we believe that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or safety of HB, any individual or the public.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY. The Services and the Content are the sole and exclusive property of HB and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any improper or illegal purpose, any portion of the Services or the Content other than as expressly authorized by HB in writing. You hereby acknowledge and agree that, as between HB and you, all right, title, and interest in and to the Services and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by HB. Use of the Services or the Content in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.
Unauthorized use of any HB trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
The disclosures within the Services and Content are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of sections of or the whole of the Services or Content, without HB’s express prior written permission.
ACCOUNT PASSWORD AND SECURITY. The Services may contain some features that require registration. If asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and do not share it with anyone else; and (c) immediately notify HB of any unauthorized use of your password or account or any other breach of security. HB cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
CURRENCY CONVERTER. If a currency converter is available on the Services, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but HB and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
ENFORCEMENT. HB shall have the right, but not the obligation, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and/or prosecution. This Agreement shall be governed by, and will be construed under, the laws of the Commonwealth of Kentucky, without regard to choice of law principles. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Jefferson, in the Commonwealth of Kentucky, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM(S) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES OR CONTENT MAY BE BROUGHT AS A GROUP OR CLASS ACTION. The failure of HB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.FORCE MAJEURE. HB shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of HB, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond HB’s control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. HB’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive HB’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and HB with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any HB user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Services must be commenced within sixty (60) calendar days after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of HB, and any assignment or transfer in violation of this provision shall be null and void. HB reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Services, including without right to block access from a particular internet address.
CONTACTING HOKU BOOK. If you have any questions or concerns regarding the Services or Content, please write to us at www.hokubook.com/contact-us or at our offices located at 1106 Julia Avenue, Louisville, Kentucky 40204 . All notices, authorizations, and requests to HB shall be deemed given on receipt.