BookThink Subscriber Agreement

 

THIS AGREEMENT WAS LAST UPDATED ON JUNE 16, 2005.

PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT BELOW.

This Subscriber Agreement is between you and BookThink LLC, and governs your access to and use of BookThink.com, The BookThinker, BookThink's Gold Edition, BookThink's 50/50, and, unless other terms and conditions expressly govern, any other electronic or subscription services from BookThink LLC available from time to time (each, a "Service").

By accessing BookThink.com you accept the terms of this subscriber agreement. By subscribing to one or more BookThink publication(s), you accept the terms of this agreement. By purchasing one or more BookThink publication(s), you accept the terms of this agreement.

By following the above acceptance instructions, you acknowledge and agree with BookThink LLC as follows:

  1. Privacy. Registration data and other information about you are subject to our Privacy Policy.

  2. Subscriptions, individual issues, and other publications. BookThink LLC offers ongoing subscription to the free email newsletter The BookThinker. It offers annual for-fee subscriptions to BookThink's Gold Edition and BookThink's 50/50, purchase of individual issues of BookThink's Gold Edition and BookThink's 50/50, and other occasional publications.

    The annual subscription to BookThink's Gold Edition includes 12 monthly issues, delivered by email. The annual subscription to BookThink's 50/50 includes 6 bi-monthly issues, delivered by email. Back issues of BookThink's Gold Edition and of BookThink's 50/50 are not included in the subscription. They are available for purchase on the BookThink web site. Occasionally BookThink LLC offers BookThink's Gold Edition series. In those cases, subscriptions submitted during the course of the series will be deemed to start with the first issues of that series.

  3. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by posting a notice of the change on the home page of BookThink.com and in an issue of The BookThinker, BookThink's Gold Edition, and BookThink's 50/50. The changes also will appear in this document, which you can access at any time from www.bookthink.com/agreement.htm. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.

  4. Fees and Payments. You can always find the current subscription fees and charge for back issues for a Service on www.bookthink.com/shop.htm. You agree to pay the subscription fees (including any applicable taxes). Subscription fees will be billed at the beginning of your subscription or any renewal. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by changing them on www.bookthink.com/shop.htm and by giving you notice prior to the next renewal either by e-mail or in the manner set forth in Section 3 above.

  5. Renewal. You will receive notice of renewal in a timely manner. If you notify us by letter or email, you can terminate your subscription prior to the end of its term. We reserve the right not to refund any money for cancelled subscriptions.

  6. Limitations on Use.

      a. The content available through the Services is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through the Services for your personal, non-commercial use only. Your only right is to use the information for your personal benefit.

      You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.

      b. You agree not to copy, paraphrase, create abstracts from, scrape or display headlines from our content for use in any format. You agree not to post any content from the Services to newsgroups, mail lists or electronic bulletin boards, without our written consent.

      To request consent for this and other matters, please contact editor@bookthink.com.

      c. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, infringe upon our rights, the rights of any other person, or otherwise violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

  7. Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies on a Service or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services, software, or products, and that you access, communicate with, and use them at your own risk.

  8. Disclaimers of Warranties and Limitations on Liability. You agree that your access to, and use of, the services and the content available through the services is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. We do not give tax or investment advice or advocate the purchase or sale of any product. You should always seek the assistance of a professional for tax or legal advice.

    Bookthink LLC, its affiliates, shareholders, directors, officers, employees and licensors will not be liable (jointly or severally) to you or any other person for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages") arising out of or in connection with your access or use of the services, whether or not your claim is characterized in negligence, tort, contract, or other theory of liability, even if any of the Bookthink LLC parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the Bookthink LLC parties' liability will be limited to the fullest possible extent permitted by applicable law.

  9. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Florida, United States of America applicable to contracts made entirely within Florida and wholly performed in Florida by Florida residents. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located Orlando, Florida. You hereby waive and covenant not to assert any objection that you may have as to the venue or convenience of the courts located in Orlando, Florida. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. In the event we have to take action to enforce our rights under this Agreement, in addition to any other remedies we have be entitled under applicable law or in equity, we have the right to recover pre-judgment interest, court costs, and attorneys' fees.

  10. Additional Terms and Notices. Copyright 2005 BookThink LLC. All rights reserved. The BookThink Logo is a registered service mark of BookThink LLC