Terms of Sale
Last Updated: March 14, 2012
Please read these Terms of Sale carefully. By making a purchase from RethinkBooks, LLC. ("RethinkBooks", "we", "our" or "us") via its BookShout! website located at http://bookshout.com (the "Site") or RethinkBooks' BookShout! platform, products, services and on-line and mobile applications (collectively, the "Services"), you signify that you have read, understand and agree to be bound by these Terms of Sale ("Terms of Sale"). The Service is also governed by the RethinkBooks' Terms of Service, which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, in RethinkBooks' sole discretion. You waive any right you may have to receive specific notice of such changes and any changes will be effective immediately upon posting the revised Terms of Sale to the Site. Any changes to these Terms of Sale will supersede and replace prior versions of the Terms of Sale and will apply to all purchases made after the revised Terms of Sale go into effect. In addition, changes to these Terms of Sale will apply to any unperformed obligations, terms or conditions associated with prior purchases. We recommend that you review these Terms of Sale frequently to understand the terms applicable to your transactions. If you do not agree to these Terms of Sale, do not make any purchases via the Service.
If you have any questions regarding these Terms of Sale, please contact us at firstname.lastname@example.org.
Purchase Qualifications; Account Security
To make a purchase via the Service, you must have a registered account with RethinkBooks and comply with these Terms of Sale, our Terms of Service and all applicable policies. You agree to provide accurate and complete information in your RethinkBooks user account at all times, including but not limited to your billing address, email address, a valid Payment Method (as defined below). You acknowledge that you are solely responsible for maintaining the security of, and restricting access to, your account, user name and password.
Pricing and Availability
All prices for products and services made available via the Service are shown in U.S. dollars, and taxes, shipping and handling charges are additional. RethinkBooks reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue the Service (and the sale of any products or services) without prior notice to you, even if you have already placed your order. All prices are subject to change without notice.
Only valid credit cards or other payment methods acceptable to us may be used ("Payment Method"). By submitting your order, you represent and warrant that you are authorized to use the designated Payment Method and authorize us (or RethinkBooks' authorized payment processor) to charge or debit your order (including taxes and any other amounts described on the Site or Service) to that Payment Method. If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. You must resolve any problem RethinkBooks encounters in order to proceed with your order. You agree to timely pay for all amounts (including taxes and late fees, as applicable) ("Purchase Fees") as may be accrued in connection with any purchase you make. You agree that RethinkBooks may charge or debit all Purchase Fees to the Payment Method you provide to RethinkBooks via the Service. You agree that RethinkBooks may use all legal means available to collect Purchase Fees should our attempts to charge or debit your Payment Method fail for any reason, including any collection agency and legal fees.
Payment Terms; Refunds
There are no refunds, except as otherwise provided in these Terms of Sale, the Terms and Conditions or as required by law. RethinkBooks reserves the right to refuse or cancel purchases or attempted purchases at any time and in its sole discretion.
Credits & Gift Cards
Any credits granted through the http://bookshout.com or any value associated with a RethinkBooks, LLC. dba BookShout! gift card cannot be redeemed for cash unless required by applicable law. Further, unless prohibited by law, all credits and gift cards will expire in accordance with the terms of applicable website campaign or as provided on the gift cards.
RethinkBooks attempts to be as accurate as possible; however, it does not warrant that information provided on the Site or in connection with the Service, including pricing information, is accurate, complete, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in the Service or otherwise, RethinkBooks reserves the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged.
If RethinkBooks makes an error on your bill, RethinkBooks will correct it promptly after you notify RethinkBooks and RethinkBooks has investigated and verified the error. You must notify RethinkBooks in writing within 120 days after an error first appears on your bill. If you do not report the error to RethinkBooks within such 120 day period, RethinkBooks will not be required to correct the error and you agree to pay the amount billed. You release RethinkBooks from all liability and claims of loss resulting from any error that you do not report to RethinkBooks within 120 days after the error first appears on your online statement.
You are responsible for any taxes that you are obligated to pay or that RethinkBooks may collect from you in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and RethinkBooks reserves the right to collect such taxes or other fees from you at any time.
These Terms of Sale and all online sales will be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to these Terms of Sale will be filed only in the state and federal courts located in Dallas County, Texas and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Sale.
If any provision of these Terms of Sale will be deemed unlawful, void or for any reason or unenforceable, then that provision will be deemed severable from these Terms of Sale and will not affect the validity and enforceability of any remaining provisions.